GLOSSARY OF KEY TERMS
raises awareness of key issues in order to influence policy
and decision-making. In recent decades, such organizations have been successful in shaping global policy
through advocacy campaigns and mobilization of people
and resources.
Common law: The common law originates in English law.
It is distinct from civil law, which has its roots in the Roman
Empire. It is a system of legal concepts and techniques
that form the basis of the law in common law jurisdictions.
The common law has traditionally derived primarily from
judicial decisions, rather than statutes or conventions,
though in contemporary jurisdictions the extent of this
general characteristic varies a great deal. Most common
law systems are “dualist.”
Consolidation phase: Occurs after the institution is set up
and has carried out its basic functions and programming.
There are few predictable activities that can be cited as
common needs of NHRIs at this phase. Each institution will
present unique challenges and while there may be some
trends in terms of common issues, the lack of uniformity
means that evaluative activities are critical to this phase.
Rather, the objectives are to take stock, take corrective
action as required, and to enhance the institution’s efforts
to promote and protect human rights based on capacity
assessments and programme evaluations. During the consolidation phase, the UNCT will be in a position to assess
whether the NHRIs work is progressing properly and
whether to recommend a change in direction. UNCT staff
should support NHRIs in making decisions about how to
manage projects and to optimize the chances of success
and should avoid second-guessing the NHRIs’ leadership
or substituting UN opinion for that of the NHRI leadership.
Convention: The general meaning of “convention” is an
international agreement. “Conventional law”, is a term
used to distinguish it from the other sources of international law, such as customary law or the general principles
of international law. The generic term “convention” thus is
synonymous with the generic term “treaty”. Unlike declarations, Conventions are legally binding for governments
that have signed them. When the UN General Assembly
adopts a convention, it creates international norms and
standards. Once a convention is adopted by the UN
General Assembly, Member States can then ratify the convention, promising to uphold it. Governments that violate
the standards set forth in a convention can then be censured by the UN.
Convention on the Protection and Promotion of
the Diversity of Cultural Expressions (the “UNESCO
Convention”): Adopted by the UNESCO General
Conference on 20 October 2005. It addresses the need
to take cultural diversity into account in national and
international development policies. It expresses cultural
diversity not only through the varied ways in which the
cultural heritage of humanity is expressed, augmented
and transmitted, but also through diverse modes of
artistic creation, production, dissemination, distribution
and enjoyment, whatever the means and technologies
used. The UNESCO Convention also acknowledges and
addresses the tension that sometimes exists between culture and human rights.
Convention on the Rights of the Child (CRC): Also known
as the Children’s Convention, the CRC sets forth a full
spectrum of civil, cultural, economic, social, and political
rights for children. It was adopted in 1989.
Core protection issues: Core protection issues raise
a degree of urgency and are linked to core rights. The
OHCHR especially supports NHRIs regarding core protection issues, which are central to the very rationale of
NHRIs. They include investigating human rights violations and handling complaints, especially as regards the
prevention of torture and degrading treatment, arbitrary
detention, disappearances and the protection of human
rights defenders, are fundamental to what NHRIs do. In
addition, NHRIs have a critical watchdog role in reviewing
conditions in detention facilities, and should have the
right to visit facilities unannounced and request private
interviews with detainees.
Core protection mandate: While the protection mandate
of NHRIs – in the general sense of that term - extends
equally to all human rights, be they civil, political, economic, social or cultural in nature, the core protection
mandate deals with a narrower group of rights associated with civil and political rights of an urgent nature.
The OHCHR especially supports NHRIs regarding their
core protection mandate, such as the prevention of torture and degrading treatment, summary executions,
arbitrary detention and disappearances, and protection
of human rights defenders. In carrying out its core protection mandate, NHRIs should be especially sensitive to
the impact of rights violations in these areas as regards
vulnerable groups.
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