OSCE/ODIHR Opinion on the Draft Federal Law on the Support to the National Human Rights Institution of Switzerland 50. Moreover, General Observation 1.2 requires that an NHRI mandate shall extend to acts and omissions of both the public and private sectors. It is thus recommended to supplement Article 3 of the Draft Act accordingly. 51. It is also worth reiterating that according to Paris Principles A.1 and A.2, an NHRI should possess “as broad a mandate as possible”. In its General Observation 1.3, the Sub-Committee on Accreditation emphasizes that the NHRI should also be legislatively empowered to encourage ratification of, or accession to international human rights instruments and their effective implementation, while also promoting and encouraging the harmonization of national legislation and practices with these instruments, and reporting in this field. Such tasks should also be added under Article 3 of the Draft Act. 52. It may further be advisable to include in the Draft Act a broader statement specifying that the NHRI is entitled to look into, investigate or comment on any human rights situation, without any form of prior approval or impediment, to ensure and strengthen its independence and autonomy.73 53. Article 3 par 1 (c) of the Draft Act refers to the “preparation of opinions and recommendations”. It is not clear whether this refers to advice on the general human rights situation in Switzerland or topical issues, or whether the NHRI will also be able to submit opinions and recommendations on any draft or existing legislative or administrative provisions, as stated in Paris Principle A.3(a)(i). 54. Article 3 par 1 (f) of the Draft Act refers to exchanges at the international level. This seems to fall short of what is stated in section A.3 (d) and (e) of the Paris Principles, which specifies that NHRIs should contribute and possibly also, pursuant to their independent mandate, comment on the reports which States are required to submit to UN bodies and committees, and regional institutions. They should also actively engage with the international human rights system, regional institutions and other NHRIs, as well as international and national NGOs and civil society organizations (see also General Observation 1.4). Unless Article 3 is given a broad interpretation, these aspects do not seem to be adequately covered and the drafters should consider supplementing the Draft Act accordingly. 55. More generally, an NHRI should likewise ensure close co-operation with civil society and non-governmental organizations (NGOs). In that respect, Article 3 par 1 (d) refers to dialogue and collaboration between departments and organizations involved in the implementation and promotion of human rights. It is not clear whether this would also encompass civil society and NGOs. This should be clarified, or supplemented as appropriate. 56. It is also worth highlighting that the Committee on the Elimination of Discrimination against Women (CEDAW) has expressly stated that it “expects NHRIs to ensure that their work […] is based on the principle of formal and substantive equality between women and men and non-discrimination (…) and that women have easy access to all services for the protection of their rights provided by NHRIs”.74 Hence, NHRIs should ensure that gender and diversity are mainstreamed75 into their broader work of 73 74 75 See op. cit. footnote 16, page 144 (2010 UNDP-OHCHR Toolkit for Collaboration with National Human Rights Institutions). See Committee on the Elimination of all forms of Discrimination against Women (CEDAW), Statement on its Relationship with NHRIs, E/CN.6/2008/CRP.1, 11 February 2008, par 4, <http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/1_Global/E_CN6_2008_CRP-1_21158_E.pdf>. i.e., assessing the implication of any planned action, including legislation, policies and programmes, for women and men, and other persons or groups in a specific situation or facing specific challenges, such as persons with disabilities, older persons, children, members 18