CHAPTER 2: MODELS OF NHRIS
example. Some ombudsman-style offices have multiple
deputy ombudsmen, much like a commission, etc.
11 While
there are many different names for NHRIs (see
Figure 1: Names of NHRIs), the name itself is of little
consequence provided that it clearly communicates to
the public (1) what the NHRI does and (2) the fact that
it is a public institution and not an NGO. For example,
it has been noted in one country that the name
“Centre for Human Rights” for a NHRI is misleading
because it sounds like a NGO.
FIGURE 1: NAMES OF NHRIS
What’s in a name? NHRIs have different names,
depending on the region, legal tradition and
common usage:
11 civil
rights protector
11 commissioner
11 human
rights commission
11 institute
or centre
11 ombudsman
11 parliamentary
ombudsman or commissioner
for human rights
11 public
defender / protector
11 parliamentary
advocate
11 Your
best guide is always the enabling statute of the
institution, which sets out the powers and functions
of the institution.
one looks at powers and functions, there is a range,
or continuum, of powers consistent with being Paris
Principle compliant, including institutions that are:
11 If
•• headed by a single individual or by a more
representative body of members;
•• able to undertake investigations and make
recommendations;
•• “quasi-jurisdictional”, with the power to receive
individual complaints and to render decisions with
binding effect, or that enforce decisions through the
courts or specialised tribunals;
•• Is responsible for the concerns of a single group
of people or a single issue, or has a wider mandate,
and finally?;
•• Has authority over human rights concerns only, or
can deal with other matters such as those more
usually understood as belonging to a classic
Ombudsman such as maladministration?
These and other examples and approaches show that the
line between NHRIs and other types of national bodies
is starting to blur, and disagreements about the “proper”
model are not productive beyond the minimum criteria
set by the Paris Principles. Because of the practical nature
of this Toolkit, we have chosen to address areas of classification from a functional and pragmatic perspective, while
at the same time mentioning legal and structural issues,
including regional specificities.
2.2 Geographic Jurisdiction and
Extraterritorial Effect2
Since human rights laws apply across the country, NHRIs
should have broad jurisdiction or geographic reach across
the national territory. According to a recent survey, most
NHRI respondents (58) covered the whole country. Only
Southern Sudan, Mexico City, Great Britain and Northern
Ireland indicated that they had a limited geographic jurisdiction. In all of these cases, complementary jurisdiction is
vested with other institutions.
Almost all respondents indicated their jurisdiction cover
all those residing in the country, regardless of nationality.
A number of respondents (14) also indicated that their
institution has extra-territorial jurisdiction. Examples
include:
11 The
protection of citizens overseas;
11 One
NHRI from the Asia Pacific region has jurisdiction
in a territory that has been designated by the UN as a
non-self-governing territory;
11 One
European NHRI, which works on foreign policy
issues, e.g. extraterritorial obligations resulting from
ratified HR treaties; and
11 Another
European NHRI, which supervises the work of
the country’s administration outside the territory, such
as embassies and consulates.
This section is drawn from OHCHR, Survey of National Human Rights Institutions: Report on the Findings and Recommendations of a Questionnaire Addressed to NHRIs Worldwide. 2009. www.nhri.net
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