Belgrade principles, NHRIs should be
consulted by parliaments on the content and applicability of a proposed
new law to ensure that human rights
norms and principles are correctly
reflected therein. Additionally, parliaments should involve NHRIs in the
legislative process.5 In line with the
Human Rights-Based Approach, see
Chapter 4, such processes should be
inclusive and enable the participation
by and input from affected population
groups, including the most vulnerable, marginalized and excluded.
In its feedback to parliament and government, a NHRI should not only indicate
problematic provisions but also propose and
advocate for the necessary changes.
2. NHRIs are supposed to examine draft
legislation in addition to enacted laws
to ensure adherence to human rights
provisions, be it in national or international human rights instruments. Ideally,
there should be systems in place to
ensure that legislation is never passed by
parliament without having been subject
to scrutiny by the NHRI. If such systems are not in place, the NHRI should
address government to ensure that all
bills are transmitted to the NHRI for
comments before or at the latest simultaneously with presentation to parliament. The NHRI should also enter into
dialogue with parliament to ensure systematic notification of private member’s
bills and that parliament receives input
from the NHRI before voting on a bill.
5 Belgrade Principles, International Expert Seminar, Belgrade, 22-23 February 2012. Report of the
Secretary General to the General Assembly (A/
HRC/20/9), Annex 17 principles 27 and 28.
40
HUMAN RIGHTS
COMMISSION OF
MALAYSIA
INFLUENCING LEGISLATION
The Human Rights C
ommission
of Malaysia was involved in
consultations for the development
of a national policy on reproductive and social health. Not all the
Commission’s recommendations
were accepted but its involvement
helped to strengthen the link between
reproductive issues and human
rights. The Commission identified
several matters as issues of concern
to be reflected in the population
policy. These included the stigma
around unwed motherhood leading
to unsafe abortions by adolescents
and abandonment of babies. The
Commission subsequently provided
recommendations to the Government
on how these problems could be
effectively addressed in a way that
respects human rights.
When the NHRI subjects bills and legislation to scrutiny, reproductive rights
should be among the matters that are
routinely considered. NHRIs may decide
to use checklists or put other scrutiny
systems in place to secure the necessary
focus on reproductive rights.
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