UNDP-OHCHR TOOLKIT
3.1 Protection
The goal of human rights protection is first and foremost to ensure the establishment or reinforcement of a
protection framework, to identify and investigate human
rights abuses, to bring those responsible for human rights
violations to justice, and to provide effective remedies
and redress for victims, within a structural framework of
policies, laws and programmes that ensures prevention
and enforcement.
While there are differences in how NHRIs approach their
protection responsibilities, some typical roles and responsibilities in the protection mandate include:
Investigating alleged violations of human rights, including
through:
11 Own-motion
investigations into human rights
situations;
11 Handling
of individual complaints (for NHRIs with
quasi-jurisdictional powers);
11 Alternative
dispute resolution mechanisms; and
11 Where
the legal system permits, seeking redress or
remedies through the courts or specialised tribunals,
including by addressing courts as amicus curiae
where warranted.
11 Monitoring
human rights at the national
level, including:
•• Issues-based monitoring, especially on thematic
issues affecting specific groups such as migrants,
minorities, indigenous peoples, disabled and the
elderly. The focus may also be on women’s human
rights and empowerment, as well as on the
integration of gender equality, enforcement of
children’s rights and other thematic issues that
are priorities in the country;
•• Prisons and other places of deprivation of liberty,
including preventing torture, to minimize pre-trial
and preventive detention, and to ensure that
international standards are respected;
•• Monitoring progress in the realization of civil,
political, economic, social and cultural rights; and
•• Monitoring progress in achieving development
goals such as the Millennium Development Goals
and other internationally-agreed goals.
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•• Undertaking public inquiries into significant
human rights issues.
•• Protecting human rights defenders.
For details on the rule of law and “core protection mandate” – issues related to serious violations of civil and
political rights, including torture, arbitrary detention, and
enforced disappearances, and to protecting human rights
defenders readers are encouraged to review Chapter 4.
3.1.1 Investigations and Human Rights
Complaints
Investigating alleged human rights abuses is fundamental
to the work of most NHRIs. While the focus is generally
geared towards national remedies, there are international
and regional bodies where NHRIs play a role. For example,
when the protocol on the establishment of the African
Court of Justice and Human Rights comes into force (which
provides for the merger of the existing African Court on
Human and Peoples’ Rights and African Court of Justice),
unlike NGOs and other non-state actors, NHRIs will be
entitled to bring cases directly to the new Court – and
there is already precedent for NHRIs bringing cases before
the African Commission on Human and Peoples’ Rights.
According to the Paris Principles, NHRIs may have
additional powers through a quasi-judicial mandate,
and these NHRIs are required to receive, investigate
and resolve complaints (including through settlements,
binding decisions and/or on the basis of confidential
interventions); to inform complainants of their rights, and
of available remedies; and to promote access to remedies,
to hear complaints and transmit them to competent
authorities; and to make recommendations to competent
authorities for redress.
UNCT staff who work with NHRIs in the early stages of
establishment must ensure that technical assistance
(TA), if it is part of the engagement, includes developing
internal capacity to undertake these functions, including
to establish effective case management systems in
support of an investigation system.
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