Principle
Requirements
COMPOSITION
(appointment
process)
Appointment effected by official act
Appointment is for a specific duration (but not
too short—e.g., two years—as to potentially
affect independence and effectiveness)
Appointment may be renewable so long
as pluralism is ensured
Appointment process, duration, renewability
and criteria set out in legislation
Appointment process supports pluralism and
independence
■■ Nominations include input from civil society
■■ Selection process involves parliament
■■ Criteria for selection include
demonstrated experience in human rights
Conditions for which a member may be
dismissed are set out in legislation
Conditions relate to serious misconduct,
inappropriate conduct, conflict of interest or
incapacity only
Decision to dismiss requires approval preferably
by an autonomous body such as a panel of high
court judges or, at a minimum, by a two-thirds
majority of parliament
If Government officials in membership,
they have advisory capacity only
Institution reports directly to parliament
COMPOSITION
(dismissal process)
INDEPENDENCE
Y
N
Members have immunity for official acts
State funding is sufficient to allow for
independent staff and separate premises
State funding is sufficient to allow for core
programming51 in protection and promotion
Funding not subject to financial control,
which might affect independence
Budget drawn up by the institution
Budget separate from any department’s budget
Institution has authority to defend budget
requests directly before parliament
Budget is secure
■■ Not subject to arbitrary reduction in year
for which it is approved
■■ Not subject to arbitrary reduction from one
year to the next
“Core programming” in this context means that the institution has enough funds available to conduct
investigations, carry out general outreach programming and publish an annual report.
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