Learning objectives After reviewing this first chapter, readers will understand: ■■ The basic elements of the human rights system, including: How the United Nations supports the promotion and protection of human rights; ■■ A State’s responsibility to promote and protect human rights, especially with regard to the international human rights treaties it has ratified; ■■ Regional systems; and ■■ Situating NHRIs within State responsibilities; ■■ ■■ The basic role of the International Coordinating Committee and the Principles relating to the status of national institutions (the Paris Principles); ■■ The role of the United Nations, and of the Office of the United Nations High Commissioner for Human Rights (OHCHR) in particular, in supporting NHRIs. Introduction Human rights have been a core concern of the United Nations since its inception. The responsibility to respect, protect and fulfil human rights lies with States. They ratify international human rights instruments and are required to create mechanisms to safeguard human rights. The governance of human rights is complex and diffuse. All parts of government are involved, together with other kinds of national institutions and civil society: an independent judiciary, law enforcement agencies, effective and representative legislative bodies, and education systems with human rights programmes at all levels. Among these, national human rights institutions (NHRIs)1 occupy a unique position. The United Nations has been extensively involved in establishing and strengthening NHRIs. This is a priority for OHCHR as well as for other parts of the United Nations system, such as the United Nations Development Programme (UNDP).2 In the past 15 years, the number of NHRIs has surged, largely as a result of United Nations support for these institutions “on the ground.” While all NHRIs should have a broad mandate to protect and promote human rights, this growth has brought with it substantive and operational challenges. The first challenge is rapid growth and institutional diversity. A 2009 survey by OHCHR shows rapid growth in the number of NHRIs in the Americas in the early 1990s, in Africa in the mid-1990s, and in Asia and the Pacific in the late 1990s, while Europe has seen a steady growth since the mid-1990s.3 However, this evolution has been neither orderly nor linear. Depending on the region, the country and its legal system, the mandates and powers of NHRIs vary widely. Some institutions, such as public protection offices and ombudsmen, have human rights mandates, although many do not. Some States have added other 1 2 3 The terms “national human rights institutions” and “national institutions” are commonly used in the literature. “National human rights institutions” (NHRIs) is the term used in this publication, unless citing a particular source or document that uses a different term. See for example the High Commissioner’s Strategic Management Plan 2010-2011 and the UNDP Strategic Plan 2008-2011. OHCHR, “Survey of national human rights institutions: report on the findings and recommendations of a questionnaire addressed to NHRIs worldwide”, 2009, available from www.nhri.net. 2