OSCE/ODIHR Opinion on the Draft Amendments to the Act on Establishment of the
Slovak National Centre for Human Rights
18.
As mentioned above, 24 the Slovak National Centre for Human Rights (hereinafter
“SNCHR” or “Centre”) is currently accredited with B-Status by the SCA. The stated
purpose of the Draft Amendments, according to its Explanatory Report is to “establish
the compliance of the legal regulation of the Slovak national human rights institution
(hereinafter the „NHRI“) with the requirements of the … Paris Principles...”. 25 In
particular, the Explanatory Report mentions that the aim of the amendments is for the
Centre to achieve A-Status accreditation.
3. Mandate
19.
The Draft Amendments provide for a broadened mandate for the Centre, which is
explicitly stated in the law, in order to bring the Centre’s legislation more closely into
line with the Paris Principles.
3.1 Explicit Human Rights Mandate
20.
The SCA, in its 2014 review of the SNCHR, recommended that the Centre seek
legislative changes to broaden its mandate26. The UN Human Rights Committee also
recommended that the Centre’s law be amended “so as to expand the scope of its
mandate and competence to effectively promote and monitor the protection of human
rights, including through reporting on national human rights issues to the legislature”.27
21.
The explicit inclusion in §1(2) of the Draft Amendments of the ‘promotion and
protection’ of human rights is welcome, as it clearly establishes that the Centre is
intended to be a Paris Principles’ compliant NHRI. General Observation 1.2 of SCA,
states that the protection mandate of NHRIs should include functions such as “those that
address and seek to prevent actual human rights violations [including] monitoring,
inquiring, investigating and reporting on human rights violations” and may also include
individual complaints handling, including the ability to seek enforcement through
the court system of its decision on the resolution of complaints,28 something that
could additionally be considered by the drafters. At the same time, if such
functions are included, it would be all the more important to carefully craft
legislation to avoid that mandates and responsibilities overlap with those with the
Public Defender of Rights (see par 26 infra) .29
22.
§ 1 (4) of the Draft Amendments states “[i]n exercising its tasks the Centre cooperates
with national and foreign institutions and organisations active in the area of human
24
See fn 7supra.
Explanatory Report p. 1.
26
Op. cit. fn 7, p. 8 (2014 ICC Sub-Committee on Accreditation Report).
27
Concluding observations on the fourth report of Slovakia, CCPR/C/SVK/CO/4, 22 November 2016, para 9.
28
See also General Observation 2.9: “The quasi-judicial competency of NHRIs (complaints-handling): When an
NHRI is provided with a mandate to receive, consider and/or resolve complaints alleging violations of human
rights, it should be provided with the necessary functions and powers to adequately fulfil this mandate.
Depending on its mandate, such powers and functions might include:… the ability to seek enforcement through
the court system of its decisions on the resolution of complaints;”
29
Available
a
<https://nhri.ohchr.org/EN/AboutUs/GANHRIAccreditation/General%20Observations%201/Forms/Default%20
View.aspx>.
25
8