would combine both inquisitorial and quasi-judicial functions. At the same time,
relevant authorities should be required to respond within a specified time to
recommendations or contrary findings that national institutions make.
Power to recommend reparation for victims of human rights violations – The
right to a remedy following a violation of rights is in itself a fundamental right. It
encompasses access to justice, reparation for the harm suffered and access
to factual information concerning the violations. Reparation takes the form of
restitution (return to the position before the violation occurred), rehabilitation
and/or (material) compensation.
Authority to take recommendations to court for enforcement – NHRIs should
be able to refer their findings or recommendations, for example when related
to criminal offences, to the appropriate prosecuting or judicial authority, so that
courts can consider and enforce them if they are upheld. NHRIs should have
the authority to appear before a court when their decisions are challenged.
Referral of complaints outside their mandate to other authorities – Whether or
not they have a mandate to receive complaints, NHRIs will inevitably receive
complaints that they do not have jurisdiction to deal with. Their practice should
be to refer such complaints to the appropriate body.
F. Monitoring government compliance with their advice and recommendations
NHRIs should have power to monitor whether authorities follow their advice.
The advisory role of national institutions (in particular their role in advising
on existing and draft laws and on compliance with international standards)
presupposes a good working relationship with government departments. The
relationship should not be wilfully confrontational. Equally, governments should
be required to respond to advice and requests from national institutions, and to
indicate, within a given time, how they have complied with national institutions’
recommendations.
NHRIs should monitor government departments’ compliance with their advice
and recommendations. Those which deal with complaints should install a system
for monitoring the progress of completed cases. Case monitoring should record
compliance with recommendations and assurances that complainants’ needs
have been met.
Reports to Parliament provide NHRIs with opportunities to make government
accountable. Parliamentarians are a useful channel of communication between
NHRIs and government and help to ensure that their recommendations are
properly considered by relevant public authorities.
22 Assessing the Effectiveness of National Human Rights Institutions
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