4. The role of the State
The central responsibility for protecting human rights rests with Governments. In recent
decades, most countries have become parties to the major human rights treaties. Each
instrument imposes legal obligations to implement, nationally, the human rights standards contained in those treaties.
In ratifying an international human rights treaty, a State assumes the responsibility to
respect, protect and fulfil the rights it contains. To respect means that the State cannot
take any action or impose any measure that is contrary to the rights guaranteed by the
treaty. To protect means that the State must take positive action to ensure that an individual is not denied his or her human rights. Mechanisms through which human rights are
protected must be put in place. Adequate legislation, an independent judiciary, the enactment and enforcement of individual safeguards and remedies, and the establishment
and strengthening of democratic institutions—all require State action. The responsibility
to fulfil requires a State to take positive steps beyond mere prevention. This might, for
example, go beyond the enactment of laws to promoting human rights through national
education and information campaigns.
When States ratify a human rights instrument, they have to ensure that the rights become
part of or are recognized by the national legal system. States are required to take “all appropriate steps”, including but not only legislative steps, to ensure that rights are realized at
the State level. These steps are what is meant by “effective national implementation” and
this has generated much international interest and action. The emergence or re-emergence
of democratic rule in many countries has focused attention on the importance of democratic
institutions like NHRIs as one of the key factors in implementing international obligations.
5. Regional networks
Regional and subregional networks and associations of NHRIs are an important complement to the international system. Regional networks of NHRIs have the right to
participate in the Human Rights Council as observers and to engage with its various
mechanisms (see below). They enable institutions from the same region to meet and
discuss issues of common concern more frequently. These networks are:
■■
The Network of African National Human Rights Institutions;
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The Network of National Institutions for the Promotion and Protection of Human
Rights in the Americas;
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The Asia-Pacific Forum of National Human Rights Institutions; and
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The European Group of National Institutions for the Promotion and Protection of
Human Rights.
In its resolution 63/172, the General Assembly welcomed the strengthening in all regions of regional cooperation among NHRIs and between them and the regional human
rights networks (see annex VII below).
Africa
The Network of African National Human Rights Institutions was established in
2007.8 It encourages African NHRIs, in conformity with the Paris Principles, to be more
effective and to cooperate. The Network has recognized the significant role that NHRIs
can play in elections and in democratic governance more broadly, promoting democracy
and development, and supporting judicial independence.
8
The Network replaced the Coordinating Committee of African NHRIs, set up in 1996. Its Constitution
was signed at the sixth Conference of African NHRIs (Kigali, October 2007) and provides for a permanent
secretariat in Nairobi with the financial support of OHCHR.
5
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