OSCE/ODIHR Opinion on the Draft Federal Law on the Support to the National Human Rights
Institution of Switzerland
50.
Moreover, General Observation 1.2 requires that an NHRI mandate shall extend to acts
and omissions of both the public and private sectors. It is thus recommended to
supplement Article 3 of the Draft Act accordingly.
51.
It is also worth reiterating that according to Paris Principles A.1 and A.2, an NHRI
should possess “as broad a mandate as possible”. In its General Observation 1.3, the
Sub-Committee on Accreditation emphasizes that the NHRI should also be legislatively
empowered to encourage ratification of, or accession to international human rights
instruments and their effective implementation, while also promoting and
encouraging the harmonization of national legislation and practices with these
instruments, and reporting in this field. Such tasks should also be added under
Article 3 of the Draft Act.
52.
It may further be advisable to include in the Draft Act a broader statement
specifying that the NHRI is entitled to look into, investigate or comment on any
human rights situation, without any form of prior approval or impediment, to
ensure and strengthen its independence and autonomy.73
53.
Article 3 par 1 (c) of the Draft Act refers to the “preparation of opinions and
recommendations”. It is not clear whether this refers to advice on the general human
rights situation in Switzerland or topical issues, or whether the NHRI will also be able
to submit opinions and recommendations on any draft or existing legislative or
administrative provisions, as stated in Paris Principle A.3(a)(i).
54.
Article 3 par 1 (f) of the Draft Act refers to exchanges at the international level. This
seems to fall short of what is stated in section A.3 (d) and (e) of the Paris Principles,
which specifies that NHRIs should contribute and possibly also, pursuant to their
independent mandate, comment on the reports which States are required to submit to
UN bodies and committees, and regional institutions. They should also actively engage
with the international human rights system, regional institutions and other NHRIs, as
well as international and national NGOs and civil society organizations (see also
General Observation 1.4). Unless Article 3 is given a broad interpretation, these
aspects do not seem to be adequately covered and the drafters should consider
supplementing the Draft Act accordingly.
55.
More generally, an NHRI should likewise ensure close co-operation with civil society
and non-governmental organizations (NGOs). In that respect, Article 3 par 1 (d) refers
to dialogue and collaboration between departments and organizations involved in the
implementation and promotion of human rights. It is not clear whether this would also
encompass civil society and NGOs. This should be clarified, or supplemented as
appropriate.
56.
It is also worth highlighting that the Committee on the Elimination of Discrimination
against Women (CEDAW) has expressly stated that it “expects NHRIs to ensure that
their work […] is based on the principle of formal and substantive equality between
women and men and non-discrimination (…) and that women have easy access to all
services for the protection of their rights provided by NHRIs”.74 Hence, NHRIs should
ensure that gender and diversity are mainstreamed75 into their broader work of
73
74
75
See op. cit. footnote 16, page 144 (2010 UNDP-OHCHR Toolkit for Collaboration with National Human Rights Institutions).
See Committee on the Elimination of all forms of Discrimination against Women (CEDAW), Statement on its Relationship with NHRIs,
E/CN.6/2008/CRP.1, 11 February 2008, par 4, <http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/1_Global/E_CN6_2008_CRP-1_21158_E.pdf>.
i.e., assessing the implication of any planned action, including legislation, policies and programmes, for women and men, and other
persons or groups in a specific situation or facing specific challenges, such as persons with disabilities, older persons, children, members
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