UNDP-OHCHR TOOLKIT
4.1 Introduction
The rule of law is one of the most fundamental ideas in
any functioning democratic legal system. It safeguards
against arbitrary governance; it requires legal decisions
to be made according to known principles or laws of
general application, and it is based on equality. No one
is above the law, and individuals are entitled to due process of law. The administration of justice itself turns on the
rule of law and NHRIs have an important role in ensuring
that human rights standards are respected in the administration of justice. NHRIs can and should play a role in
advancing all aspects of the rule of law, including with
regard to the judiciary, law enforcement agencies and the
correctional system.
While the protection mandate of NHRIs extends equally to
all human rights, be they civil, political, economic, social
or cultural in nature, NHRIs have special responsibilities
for addressing alleged incidents that threaten human life
and security and which, by their very nature, undermine
the rule of law and erode due process. These issues are
sometimes referred to as the core protection mandate
for NHRIs.
4.2 NHRIs and the Rule of Law
NHRIs have a strong voice and role in promoting respect
for the rule of law in the following areas, all of which are
central to promoting and protecting human rights:
11 Ensuring
that the State complies with its own laws
and other legal instruments, as well as with relevant
international norms;
11 Promoting
the development of administrative
accountability systems;
11 Ensuring
that the administration of justice conforms
to human rights standards and provides effective
remedies particularly to minorities and to the most
vulnerable groups in society; and
11 Proposing
and commenting on legislative reform
undertaken so that national laws are harmonised
with international human rights instruments ratified
or acceded to by the State Party.
4.2.1 Strengthening the Rule of Law
NHRIs can, and should, play a role in advancing all aspects
of the rule of law, including with regard to the judiciary,
law enforcement agencies and the prison and detention
system. Specific areas in which NHRIs can engage, and
where UNCTs can provide support if requested are:
The rule of law is a state responsibility. It informs and
structures the effectiveness and integrity of the entire
justice system, including the work of NHRIs.
States are obliged to respect, protect (or ensure) and
fulfil human rights.1 Mechanisms must be established
to give effect to these rights, and NHRIs are among
those mechanisms.
Eide, A., “Economic, Social and Cultural Rights as Human Rights” in Eide et al. (eds.), Economic, Social and Cultural Rights: A Textbook (Dordrecht: Martinus Nijhoff Publishers, 1995); as regards ICCPR
rights, see M. Nowak, “The International Covenant on Civil and Political Rights” in Hanky and Suki (eds.), An Introduction to the International Protection of Human Rights: A Textbook, 2nd rev. ed.
(Turku: Abu Academy University, Institute for Human Rights, 2004).
1
52
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents