CHAPTER 1: INTRODUCING NATIONAL HUMAN RIGHTS INSTITUTIONS In contrast, many countries with civil law systems are “monist”, and accept ratified instruments automatically as part of domestic law. This means that rights and duties exist without the need for specific legislation.7 The Netherlands,8 France and Germany take a similar approach,9 as do other countries with a civil law tradition, including several Francophone countries in Africa. 1.2.7 NHRIs and the protection of specific groups 1.2.6 NHRIs and human rights-based approach to development 11 Women11 Human rights are a crosscutting and normative set of rules and standards that have legal effect across every aspect of governance and human activity. In this regard, it is important to see human rights as standards that should be mainstreamed across all UN work as well as a distinct set of programs and activities. NHRIs can, through their existing roles and responsibilities, support a human rights-based approach to development. Two sets of tasks are engaged, which speak directly to the functions of NHRIs: 11 Identifying and empowering rights-holders to assert their rights. 11 Identifying duty-bearers and ensuring that they have the responsibility, authority and resources needed to discharge their duties. The human rights-based approach (HRBA) to development has been founded on the following human rights principles: 11 Universality and Inalienability 11 Indivisibility 11 Interdependence 11 Equality and Interrelatedness and Non-Discrimination 11 Participation and Inclusion 11 Accountability and Rule of Law NHRIs also address issues related to thematic issues and to particular categories of specific persons/groups, issues that cut across civil, political, economic, social and cultural rights, and may involve issues where the rights at stake are highly contested: 11 Children 11 Indigenous 11 Persons peoples with disabilities12 11 Persons belonging to national or ethnic, religious and linguistic minorities 11 Refugees and internally displaced persons 11 Persons with disabilities, including HIV/AIDs 11 Migrant workers 11 Lesbian, gay, bisexual and transgendered persons For further discussion of the role of NHRIs in the protection of vulnerable persons, see Chapter 3. 1.2.8 NHRIs and the UN system The United Nations has an important role in assisting the development of independent and effective NHRIs. There is significant potential for strengthened cooperation between the UN and NHRIs in promoting and protecting human rights. The more the UN system works closely with and through independent, credible NHRIs, the greater are the chances of success in ensuring the sustainability of democratic governance, the effective application of the rule of law and the respect of human rights. Within the UN system, the UNDP and the OHCHR have been increasingly involved in supporting NHRIs. For both organisations, engagement with NHRIs has become Commonwealth Secretariat, supra, at 47-48. 7 Malanczuk, supra, at 67-68. 8 Article 25 of the Basic Law for the Federal Republic of Germany states that, “the general rules of international law shall be an integral part of federal law. They shall take precedence over the laws and directly create rights and duties for the inhabitants of the federal territory.” 9 This section is adapted from: UNDP http://www.undp.org/governance/focus_human_rights.shtml. See also: UNDP, Poverty Reduction and Human Rights: A Practice Note (June 2003) and Human Rights: A Practice Note (March 2004). 10 CEDAW. See General Recommendation No. 6 (seventh session, 1988). http://www.un.org/womenwatch/daw/cedaw/recommendations/recomm.htm#recom6 11 Convention on the Rights of Persons with Disabilities. For a discussion of the role played by NHRIs in this convention, see Stein and Lord, “The United Nations Convention on The Rights Of Persons With Disabilities as a Vehicle for Social Transformation” http://www.nhri.net/2008/0805_libro_discapacidad.pdf. Accessed November 11, 2008. 12 7