UNDP-OHCHR TOOLKIT
treaty is signed, ratified, accepted, approved or acceded
to. Reservations must not be incompatible with the object
and the purpose of the treaty. Furthermore, a treaty might
prohibit reservations or only allow for certain reservations
to be made on its application, the NHRI can document the
impact of those reservations and attempt to influence the
State to remove them.
Restorative justice: Restorative justice is a non-adversarial, non-retributive approach to justice that the
United Nations Economic and Social Council defines as
“an evolving response to crime that respects the dignity
and equality of each person, builds understanding, and
promotes social harmony through the healing of victims, offenders and communities” (http://www.un.org/
docs/ecosoc/documents/2002/resolutions/eres2002-12.
pdf ). It offers victims an opportunity to obtain reparation and seek closure, while allowing offenders to take
responsibility for their behaviour. Restorative justice promotes community well-being and deterrence. It can take
various forms – from a national Truth and Reconciliation
Commission to innovations in juvenile justice systems.
Rule of law: One of the fundamental, overarching ideas
in legal systems. The rule of law is a safeguard against
arbitrary governance and requires legal decisions to be
made according to known principles or laws of general
and equal application. The rule of law ensures that no one
is above the law and that individuals are entitled to due
process of law. It is a state responsibility. It informs and
structures the effectiveness and integrity of the entire
justice system, including the work of NHRIs.
The Siracusa Principles: The Siracusa Principles set
standards of acceptable limitations and derogations from
the ICCPR which supplement treaty norms. They seek
to ensure that the clauses of the ICCPR are interpreted
and applied in a manner consistent with the Covenant’s
objects and purposes. They were adopted at an international conference held in Siracusa, Italy in 1984.
States Parties: States that have ratified or acceded to
a treaty.
The Sub Committee on Accreditation (SCA): In
accordance with the Rules of Procedure of the International
Coordinating Committee of National Institutions for the
Promotion and Protection of Human Rights (ICC), the
Sub-Committee on Accreditation of the ICC has the mandate to review and analyse accreditation applications
forwarded by the ICC Chairperson and to make recommendations to ICC Bureau members on the compliance of
xx
applicants with the Paris Principles. The SCA is composed
of one “A status” accredited NHRI for each of the four
regional groupings; namely Africa, the Americas, the Asia
Pacific, and Europe. Members of the SCA are appointed
by the regional groupings for a renewable term of three
years. OHCHR participates in the work of the SCA as a
permanent observer and in its capacity as ICC secretariat.
An NHRI can receive any of the following 3 statuses; (1) “A
status”: compliant with the Paris Principles; (2) “B status”;
observer status - not fully in compliance with the Paris
Principles or insufficient information provided to make a
determination; and (3) “C status”; not compliant with the
Paris Principles.
Systemic level: The state of relating to or affecting an
entire system
Torture: Article 1 of the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or
Punishment defines torture as a human rights violation and a crime that involves the intentional infliction
of severe pain or suffering for such purposes as punishment, intimidation, and obtaining information, when
inflicted by or at the instigation of, or with the consent
or acquiescence of a public official or other person acting
in an official capacity. Torture is prohibited by the Geneva
Conventions, the ICCPR, and the CAT.
Transitional justice: Transitional justice refers to “a range
of processes and mechanisms associated with society’s
attempt to come to terms with a legacy of large-scale
past abuses in order to ensure accountability, serve justice and achieve reconciliation. These may include both
judicial and non-judicial mechanisms, with varying levels
of international involvement, or none at all. Individual
prosecutions, reparations, truth-seeking, institutional
reform, or a combination of these functions, may form
part of the processes” (according to the Report of the
Secretary-General on the rule of law and transitional justice in conflict and post-conflict societies, S/2004/616,
paragraph 8). The NHRI’s responsibility for transitional
justice will depend on its enabling statute or other legislative provisions. A number of NHRIs have themselves
been established as part of institutional reform in the
transitional justice process.
Treaty: Formal agreement between States that defines
and modifies their mutual duties and obligations; used
synonymously with convention and covenant. When
conventions are adopted by the United Nations General
Assembly, they create legally binding international
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents