that incorporates ESC rights. Not only are rights universal and indivisible, but
access to food, housing, employment, education and health services are often
of immediate interest to the public.
National institutions are seen to have an important role in monitoring
implementation of ESC rights. While there has been a strong trend in the last
decade to assert their justiciability (namely their enforceability through the
courts) the broader and conciliatory powers enjoyed by most NHRIs make
them, in practice, well-suited to promote and protect these rights. National
institutions can monitor government policy, hold inquiries into economic and
social issues, and handle complaints.
Yet rather few national institutions have the full spectrum of ESC rights in their
mandate. The South African Commission is mandated to require public bodies
to provide information annually “on measures they have taken towards the
realisation of the rights in the Bill of Rights concerning housing, health care,
food, water, social security, education and the environment”. The Indian Human
Rights Commission interpreted its mandate creatively to include coverage of
these rights.
The Paris Principles identify several areas in which national human rights
institutions are expected to have competence:
A. Commenting on existing and draft laws
Power to monitor laws on their own initiative – Most NHRIs are mandated to
review existing and draft laws and other regulations. To be fully effective, they
should have authority to review any law which is relevant to human rights
and recommend amendments where appropriate. Ensuring that old laws are
consistent with international standards is as essential as reviewing new draft
laws.
B. Monitoring domestic human rights situations
The Paris Principles state that monitoring the national human rights situation is
an essential function of NHRIs. Monitoring should include the general situation
and specific matters of concern. National institutions should therefore have
powers to gather the information and evidence they need to fulfil this function
effectively.
Power to compel attendance of witnesses and production of evidence –
National institutions should have authority to call for evidence and require
witnesses to appear before their monitors; they should be able to recommend
sanctions in case of refusal. Similar powers are mentioned below as part of
the function of investigating individual complaints. However, NHRIs lacking
a mandate to investigate such complaints will still need effective authority to
gather information.
In its General Comment No. 10 (14 December 1998), the UN Committee on ESC Rights
provided an indicative list of activities that NHRIs can undertake to protect ESC rights.
See www.unhchr.ch/tbs/doc.nsf
18 Assessing the Effectiveness of National Human Rights Institutions
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