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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