D. T he
role of national human rights institutions
This section will offer a brief overview of the key roles of NHRIs, which are set out
in detail in subsequent chapters.
NHRI functions or activities are described in the Paris Principles as “responsibilities”, suggesting that these are things that institutions are obliged to do.25 The Paris Principles require
NHRIs to have as wide a role as possible, with two main responsibilities, in particular:
Human rights promotion, i.e., creating a national culture of human rights where tolerance, equality and mutual respect thrive. The legal roles of NHRIs will always come from the
enabling statutes or constitutional mandate, or both.
Human rights protection, i.e., helping to identify and investigate human rights abuses, to
bring those responsible for human rights violations to justice, and to provide a remedy and
redress for victims. National human rights institutions should have a legally defined mandate
to undertake these functions and to issue views, recommendations or even seek remedies
before the courts. In all cases, reference should be made to the enabling law.
From these two central roles—promotion and protection—flow a number of crosscutting responsibilities and functions with elements from both:
■■
Advising the Government and parliament;
■■
Cooperating with:
– National stakeholders, civil society, NHRIs from other countries, and with regional bodies;
– The international human rights system, e.g., presenting independent reports and documentation to human rights treaty bodies, special procedures mandate holders and to the
Human Rights Council and its processes, notably the universal periodic review;
■■ Protecting and promoting the rights of specific groups, including those who are vulnerable because of their gender, age, disability, sexual orientation, migrant or other
minority status. These rights are often controversial and NHRIs are frequently the only
ones that can speak out in defence of those who have no voice;
■■ Linking human rights to development initiatives through human rights-based approaches and especially through economic, social and cultural rights.
National human rights institutions are frequently given the additional responsibility of
supporting or managing peacebuilding and transitional justice issues in conflict and
post-conflict situations.
Finally, NHRIs have an emerging and growing role in working with and monitoring business, recognizing the crucial and relevant role of the private sector in national, regional
and multinational contexts.
1. Promotion
The Paris Principles provide that all NHRIs should promote human rights. They refer
directly to the obligation to:
– Assist in the formulation and delivery of education initiatives;
– Publicize human rights; and
– Increase public awareness, including through the media.
National human rights institutions inform people of their human rights, and foster understanding and respect for the rights of others. The range and scope of their pro International Council on Human Rights Policy and OHCHR, Assessing the Effectiveness.
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