2. the national human rights institution mandate
AFGHAN INDEPENDENT HUMAN RIGHTS COMMISSION
SUPPORT IN CHANGING LEGISLATION
In Afghanistan, violence against women is a major obstacle to effective realization of
reproductive rights. The Afghan Independent Human Rights Commission has prioritized
this issue. In 2008, the Commission worked closely with the government in drafting a new
law on violence against women. The law has been finalized and is now in force. The Office
of the Attorney General established a new department dedicated to issues of violence
against women which now operates in several provinces.
ASSESSING WORKPLACE POLICIES AND BUILDING
THE REPRODUCTIVE RIGHTS COMPETENCE OF STAFF
NHRIs can do a lot to further the cause of
reproductive rights. To play such a role,
however, there are some preconditions:
4. The NHRI should consider its mandate.
Most NHRIs have a mandate that covers
all human rights. Since the main global
and regional human rights instruments
protect reproductive rights, a mandate
to protect and promote human rights
in general also includes reproductive
rights. Some NHRIs have a mandate that
refers only to human rights protected by
national law. If national law incorporates
the provisions of the main international
human rights instruments, either by
reference or by repetition,2 even without
mentioning reproductive rights directly,
this will normally be a sufficient mandate. If national law limits the mandate
to, for instance, civil and political rights,
NHRIs can address the elements of
2 A law can incorporate an international convention by expressly mentioning the name of the convention, or the law can repeat the text of the convention.
reproductive rights that are part of civil
and political rights.
5. The main practical precondition is
knowledge. The first step is to make
sure that the NHRI has the necessary knowledge in house. Not only
should the NHRI ensure that relevant
texts (such as the ICPD Programme of
Action, the various publications from
OHCHR, UNFPA, WHO, etc.) are available; it must also ensure that there
are staff members with knowledge of
reproductive rights. Ideally, all professional staff members should have a
basic knowledge of reproductive rights
sufficient to identify such issues in their
general work, just as all staff members
are expected to have basic knowledge
of all other areas of human rights. To
secure such a broad knowledge, NHRIs
should consider in-house training, combined with in depth education for staff
working directly on reproductive rights
issues. Relevant partners can be of
35
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