OSCE/ODIHR Opinion on the Draft Law Amending and Supplementing the Ombudsman Act of Bulgaria discrimination. 17 Additionally, the OSCE Handbook for National Human Rights Institutions on Women’s Rights and Gender Equality, which exemplifies measures and initiatives to strengthen NHRIs’ capacity to work on women’s rights and gender equality, is a useful resource.18 2. Mandate 2.1. Promotion of Human Rights 16. According to the Paris Principles, the mandate bestowed on NHRIs should cover both the protection and the promotion of human rights.19 Whereas the current version of the Ombudsman Act only covers a protection mandate, Article 1 of the Draft Amendments intends to extend the mandate and now reads “[t]he Ombudsman shall promote and protect human rights and fundamental freedoms”. In this respect, the Draft Amendments fulfil the requirements of the Paris Principles and also comply with the 2011 recommendations made by the SCA.20 17. General Observation 1.2 provides further detail by stating that the promotional mandate of NHRIs should include functions such as “education, training, advising, public outreach and advocacy”.21 This could also involve the use of the media, publications, capacity building activities, as well as providing advice and assistance to governments.22 In order to further strengthen the crucial promotional mandate of the Ombudsman, it is recommended to expand Article 19 of the Ombudsman Act to include concrete examples of what this promotional mandate entails. It is also crucial to ensure that the Ombudsman is endowed with adequate resources to effectively fulfill his or her promotional mandate. 2.2 18. 17 18 19 20 21 22 Extension of the Mandate to Acts and Omissions of the Private Sector Article 1 par 2 of the Draft Amendments supplements the current Article 2 of the Ombudsman Act by including the “violation of citizens’ rights and freedoms by an act or omission on the part of […] the private sector” into the list of situations or cases in which the Ombudsman shall intercede. The private sector is also mentioned in the new Article 19 par 1 sub-par 4a of the Ombudsman Act, stating that as part of his/her functions, the Ombudsman shall “make proposals and recommendations for promoting and protecting citizens’ rights and freedoms at risk of violation by the private sector”. This new amendment is welcome as a crucial element of the protection of basic human rights and freedoms. Private actors, including businesses, also need to respect human See OSCE Ministerial Council Decision No. 10/07 on Tolerance and Non-Discrimination: Promoting Mutual Respect and Understanding, 30 November 2007, par 10, available at http://www.osce.org/mc/29452. OSCE/ODIHR, Handbook for National Human Rights Institutions on Women’s Rights and Gender Equality, 4 December 2012, pages 9 and 78, available at http://www.osce.org/odihr/97756. See General Observation 1.2. 2011 SCA Report, page 7. See General Observation 1.2. UNDP-OHCHR Toolkit, op. cit. footnote 4, page 242. The UNDP-OHCHR Toolkit contains a checklist that includes components of NHRI mandates set up in full compliance with the Paris Principles. This checklist also contains concrete examples on the promotional mandate of NHRIs, as exercised by, e.g. assisting in the development or review of curricula for schools; assisting in the training of prison guards, police, army, security forces and publishing reports, brochures and media news items. 7