C. A dvantages
of national human rights institutions
National human rights institutions enable States to meet their international responsibility “to take all appropriate action” to ensure that international obligations are implemented at the national level.
National human rights institutions receive their authority from the State: this official
capacity lends them legitimacy and powers that are particular to statutory institutions,
although legitimacy can be squandered through ineffectiveness and failure to meet
international standards. National human rights institutions may have access to the
Government and policymakers, and their recommendations are usually heard, even if
they are not always acted upon.
Clearly, Governments bear the prime responsibility for human rights, but they cannot
always find a neutral space in which to interact and exchange ideas with other actors,
especially civil society. In fact, the two are, regrettably, often seen at opposing sides of
the human rights debate. As independent entities, but established by the Government,
NHRIs occupy a unique terrain, one that can link civil society to the Government.
Providing a neutral meeting point and focal point for human rights encourages dialogue
and facilitates cooperation. Because NHRIs do not have a defined constituency or vested
interest other than the public interest, they are ideally placed to provide a balanced message on the rights people should enjoy.
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