UNDP-OHCHR TOOLKIT 4.1 Introduction The rule of law is one of the most fundamental ideas in any functioning democratic legal system. It safeguards against arbitrary governance; it requires legal decisions to be made according to known principles or laws of general application, and it is based on equality. No one is above the law, and individuals are entitled to due process of law. The administration of justice itself turns on the rule of law and NHRIs have an important role in ensuring that human rights standards are respected in the administration of justice. NHRIs can and should play a role in advancing all aspects of the rule of law, including with regard to the judiciary, law enforcement agencies and the correctional system. While the protection mandate of NHRIs extends equally to all human rights, be they civil, political, economic, social or cultural in nature, NHRIs have special responsibilities for addressing alleged incidents that threaten human life and security and which, by their very nature, undermine the rule of law and erode due process. These issues are sometimes referred to as the core protection mandate for NHRIs. 4.2 NHRIs and the Rule of Law NHRIs have a strong voice and role in promoting respect for the rule of law in the following areas, all of which are central to promoting and protecting human rights: 11 Ensuring that the State complies with its own laws and other legal instruments, as well as with relevant international norms; 11 Promoting the development of administrative accountability systems; 11 Ensuring that the administration of justice conforms to human rights standards and provides effective remedies particularly to minorities and to the most vulnerable groups in society; and 11 Proposing and commenting on legislative reform undertaken so that national laws are harmonised with international human rights instruments ratified or acceded to by the State Party. 4.2.1 Strengthening the Rule of Law NHRIs can, and should, play a role in advancing all aspects of the rule of law, including with regard to the judiciary, law enforcement agencies and the prison and detention system. Specific areas in which NHRIs can engage, and where UNCTs can provide support if requested are: The rule of law is a state responsibility. It informs and structures the effectiveness and integrity of the entire justice system, including the work of NHRIs. States are obliged to respect, protect (or ensure) and fulfil human rights.1 Mechanisms must be established to give effect to these rights, and NHRIs are among those mechanisms. Eide, A., “Economic, Social and Cultural Rights as Human Rights” in Eide et al. (eds.), Economic, Social and Cultural Rights: A Textbook (Dordrecht: Martinus Nijhoff Publishers, 1995); as regards ICCPR rights, see M. Nowak, “The International Covenant on Civil and Political Rights” in Hanky and Suki (eds.), An Introduction to the International Protection of Human Rights: A Textbook, 2nd rev. ed. (Turku: Abu Academy University, Institute for Human Rights, 2004). 1 52