OSCE/ODIHR Opinion on the Draft Act on the Independent National Human Rights Institution of
Iceland
72.
The Sub-Committee on Accreditation has also noted positively cases where NHRIs
have adopted policies to promote greater gender balance, diversity and opportunities for
advancement within their institutions.102 These include, for instance, measures to ensure
equal opportunities for promotion, supporting professional development of underrepresented persons103 and human resource policies that take into consideration the
needs of pregnant women and persons with parental and/or caretaking responsibilities,
as well as promote work-life balance for all employees, more broadly.104 Additionally,
NHRIs should pay particular attention to the special requirements for employees with
disabilities, in line with Article 27 of the UN CRPD,105 and should ensure that its human
resources policies106 accommodate such persons as far as reasonably possible. It is
recommended to supplement the Draft Act accordingly.
6.2. The NHRI’s Budget
73.
The Draft Act does not provide information on the institution’s budget and more
generally on modalities to ensure its financial and operational autonomy. The Paris
Principles provide that an NHRI should be provided with “adequate funding” to ensure
the smooth conduct of its activities and enable the institution to have its own staff and
premises. General Observation 1.10 specifies that an appropriate level of funding also
helps guarantee an NHRI’s independence and allows it to freely determine its priorities
and activities, and to allocate funding according to its priorities. Thus, it is
recommended to include in the Draft Act specific provisions regarding the NHRI’s
budget and financial autonomy. Such provisions should prescribe that the
budgetary allocation of funds for the operations of the institution shall be adequate
to the need to ensure full, independent and effective discharge of the
responsibilities and functions of the institution.107 The Draft Act should also provide
for the autonomous management, by the NHRI, of the budgetary allocation at its
disposal.108
74.
National law should also indicate the relevant budget source.109 When deciding on the
accreditation of NHRIs, the Sub-Committee on Accreditation reviews whether the
underlying legislation provides that an NHRI’s funding is allocated to a separate
budget line applicable only to the NHRI.110 It is recommended to supplement the
Draft Act accordingly.
75.
The Sub-Committee on Accreditation has stated that situations where the NHRI’s
budget is subject to Government approval or where the executive has substantial control
102
103
104
105
106
107
108
109
110
Sub-Committee on Accreditation (SCA), Report and Recommendations of the Session (October 2014), page 17, available at
http://nhri.ohchr.org/EN/AboutUs/ICCAccreditation/Documents/SCA%20OCTOBER%202014%20FINAL%20REPORT%20%20ENGLISH.pdf.
See e.g., the good practice of special programmes for professional development addressed to women, which use different selection
criteria for recruitment and then provide training and development prior to accessing permanent employment, see op. cit. footnote 14,
page 174 (2010 UNDP-OHCHR Toolkit for Collaboration with National Human Rights Institutions).
Op. cit. footnote 16, pages 9, 78 and 80 (2012 OSCE/ODIHR Handbook for NHRIs on Women’s Rights and Gender Equality). See also
ibid. pages 174-175 (2010 UNDP-OHCHR Toolkit for Collaboration with National Human Rights Institutions).
UN Convention on the Rights of Persons with Disabilities, adopted on 13 December 2006 during the sixty-first session of the UN
General Assembly by resolution A/RES/61/106; the Convention was ratified by Iceland on 23 September 2016.
Op. cit. footnote 14, page 175 (2010 UNDP-OHCHR Toolkit for Collaboration with National Human Rights Institutions).
See e.g., Venice Commission, Opinion on the possible reform of the Ombudsman Institution in Kazakhstan, adopted by the Venice
Commission at its 71st Plenary Session (Venice, 1-2 June 2007), CDL-AD(2007)020, pars 8 and 30.VI, available at
http://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2007)020-e.
See e.g., op. cit. footnote 67, pars 74-75 (2015 Venice Commission’s Opinion on the Law on the People's Advocate of Moldova).
See Justification to General Observation 1.10.
See e.g., op. cit. footnote 29, pages 19 and 26 on the accreditation of NHRIs of Montenegro and Canada (SCA Report and
Recommendations of May 2016).
23
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