OSCE/ODIHR Preliminary Opinion on the Draft Act Amending the Act on the Commissioner for Human Rights of Poland Rights, and to ensure the fulfilment of its mandate as the OPCAT national preventive mechanism and equality body. 65. Finally, it is worth recalling that OSCE commitments require legislation to be adopted “as the result of an open process reflecting the will of the people, either directly or through their elected representatives” (Moscow Document of 1991, par 18.1).79 Particularly legislation that may have an impact on human rights and fundamental freedoms, as is the case here, should undergo extensive consultation processes, including with the general public, to ensure that the Commissioner and the people are fully informed and able to submit their views prior to the adoption of the Draft Act. Public discussion and an open and inclusive debate will increase all stakeholders’ understanding of the various factors involved and enhance confidence and trust in the adopted legislation, and in the institutions in general. [END OF TEXT] 79 Available at http://www.osce.org/fr/odihr/elections/14310. 21

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