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2. the national human rights institution mandate
THE NATIONAL HUMAN RIGHTS
INSTITUTION M
ANDATE
NHRIs are very different when it comes to legislative basis, powers and structure but they are
all supposed to adhere to the Paris Principles, adopted in 1991, approved by the United Nations
General Assembly in 1993 and being the universally accepted framework for NHRIs. The Paris
Principles set out in detailed form the minimum mandate for NHRIs.1 In addition to the mandatory tasks, NHRIs may be given the authority to hear and consider complaints in individual
cases. In many countries, this is considered the most important part of their work.
NHRIs are supposed to play a key role in both the promotion and the protection of human
rights in their respective countries. As has been set out above, reproductive rights as defined
primarily in the ICPD Programme of Action are human rights; the various elements are protected by both the main global and the main regional human rights instruments. In consequence, NHRIs have an important role to play in the promotion and protection of reproductive
1 Accordingly, an NHRI shall have the responsibilities, cf. Section A of the Paris Principles:
“a) To submit to the government, parliament and any other competent body, on an advisory basis either at the request
of the authorities concerned or through the exercise of its power to hear a matter without higher referral, opinions,
recommendations, proposals and reports on any matters concerning the protection and promotion of human rights. The
national institution may decide to publicize them. These opinions, recommendations, proposals and reports, as well as
any prerogative of the national institution, shall relate to the following areas:
i) Any legislative or administrative provisions, as well as provisions relating to judicial organization, intended to
preserve and extend the protection of human rights. In that connection, the national institution shall examine the legislation and administrative provisions in force, as well as bills and proposals, and shall make such recommendations as
it deems appropriate in order to ensure that these provisions conform to the fundamental principles of human rights. It
shall, if necessary, recommend the adoption of new legislation, the amendment of legislation in force and the adoption or amendment of administrative measures;
ii) Any situation of violation of human rights which it decides to take up;
iii) The preparation of reports on the national situation with regard to human rights in general, and on more specifi c
matters;
iv) Drawing the attention of the government to situations in any part of the country where human rights are violated
and making proposals to it for initiatives to put an end to such situations and, where necessary, expressing an opinion
on the positions and reactions of the government;
b) To promote and ensure the harmonization of national legislation, regulations and practices with the international
human rights instruments to which the State is a party, and their effective implementation;
c) To encourage ratification of the above-mentioned instruments or accession to those instruments, and to ensure their
implementation;
d) To contribute to the reports which States are required to submit to United Nations bodies and committees, and to
regional institutions, pursuant to their treaty obligations, and, where necessary, to express an opinion on the subject, with
due respect for their independence;
e) To cooperate with the United Nations and any other agency in the United Nations system, the regional institutions
and the national institutions of other countries which are competent in the areas of the protection and promotion of
human rights;
f) To assist in the formulation of programmes for the teaching of, and research into, human rights and to take part in their
execution in schools, universities and professional circles;
g) To publicize human rights and efforts to combat all forms of discrimination, in particular racial discrimination, by
increasing public awareness, especially through information and education and by making use of all press organs.”
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