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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