OSCE/ODIHR Opinion on the Draft Amendments to the Act on Establishment of the
Slovak National Centre for Human Rights
against Roma and Sinti 14 and women 15 and to generally combat intolerance and
discrimination. 16 Additionally, the OSCE Handbook for National Human Rights
Institutions on Women’s Rights and Gender Equality, which exemplifies measures and
initiatives to strengthen NHRIs’ capacity to work on women’s rights and gender
equality, is a useful resource. 17 At the Council of Europe (hereinafter “CoE”) level,
Parliamentary Assembly Recommendation 1615 (2003) sets out characteristics which
are essential for any Ombudsman institution to operate effectively. 18 The European
Commission for Democracy through Law (hereinafter “Venice Commission”) also
published a Compilation of Venice Commission Opinions concerning the Ombudsman
Institution.19 The European Commission against Racism and Intolerance’s (hereinafter
“ECRI”) General Policy Recommendation No. 2: Equality Bodies to Combat Racism
and Intolerance at the National Level (revised version adopted 7 December 2017) is also
of relevance.20
16.
Within the European Union (“EU), the 2018 Recommendation on Standards for
Equality Bodies by the European Commission is worth noting. 21 Additional guidance
can be found, e.g, in the 2012 Handbook on the establishment and accreditation of
National Human Rights Institutions in the European Union published by the European
Union Agency for Fundamental Rights (hereinafter “FRA”).22
2.
17.
General Comments and Purpose of the Draft Amendments
At the outset, NHRI enabling laws should have ‘sufficient detail to ensure the NHRI has
a clear mandate and independence’, and ‘should specify the NHRIs role, functions,
powers, funding and lines of accountability, as well as the appointment mechanism for,
and terms of office of, its members’.23
14
See Annex to OSCE Ministerial Council Decision No. 3/03: Action Plan on Improving the Situation of Roma
and Sinti within the OSCE Area, 1 and 2 December 20013, par 22, available at
http://www.osce.org/odihr/17554.
15
See OSCE Ministerial Council Decision No. 14/04 “2004 OSCE Action Plan for the Promotion of Gender
Equality”, 7 December 2004, par 42, available at http://www.osce.org/mc/23295.
16
See OSCE Ministerial Council Decision No. 10/07 on Tolerance and Non-Discrimination: Promoting Mutual
Respect and Understanding, 30 November 2007, par 10, available at http://www.osce.org/mc/29452.
17
OSCE/ODIHR, Handbook for National Human Rights Institutions on Women’s Rights and Gender Equality, 4
December 2012, pages 9 and 78, available at http://www.osce.org/odihr/97756.
18
Parliamentary Assembly of the Council of Europe (PACE), Recommendation 1615 (2003) on the Institution of
Ombudsman, 8 September 2003, available at http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTMLEN.asp?fileid=17133&lang=en; other CoE recommendations of relevance are CoE Committee of Minister,
Recommendation Rec(97)14E on the Establishment of Independent National Institutions for the Promotion and
Protection of Human Rights, 30 September 1997, available at https://wcd.coe.int/ViewDoc.jsp?id=589191;
PACE, Recommendation 1959 (2013) on the Strengthening the Institution of Ombudsman in Europe, adopted
on
4
October
2013,
available
at
http://www.assembly.coe.int/nw/xml/XRef/X2H-XrefViewPDF.asp?FileID=20232&lang=en.
19
Available at http://www.venice.coe.int/webforms/documents/?pdf=CDL-PI(2016)001-e.
20
ECRI General Policy Recommendation No. 2: Equality Bodies to Combat Racism and Intolerance at National
Level (7 December 2017), available at https://rm.coe.int/ecri-general-policy-/16808b5a23.
21
Available at https://ec.europa.eu/info/sites/info/files/2_en_act_part1_v4.pdf.
22
European Union Agency for Fundamental Rights, Handbook on the establishment and accreditation of
National
Human
Rights
Institutions
in
the
European
Union
(2012)
available
at
https://fra.europa.eu/en/publication/2012/handbook-establishment-and-accreditation-national-human-rightsinstitutions
23
Op. cit. footnote 9, SCA General Observation 1.1.
7