OSCE/ODIHR Opinion on the Draft Federal Law on the Support to the National Human Rights Institution of Switzerland rights”. At the same time, Article 5 does not specify whether this means that pluralism shall be ensured at the level of the leadership of the institution, as well as at staff level. While there are diverse models for ensuring pluralism in the composition of NHRIs,108 it is generally acknowledged that when both the leadership and the staff are representative of a society’s social, ethnic, religious and geographic diversity and are gender-balanced, this helps promote public confidence in the institution.109 Such an approach also ensures that the NHRI has relevant experience and insights as to the needs of diverse sectors of society and enhances the effectiveness of the NHRI, as well as its accessibility and real and perceived independence.110 As specifically stated in General Observation 1.7, a “diverse decision-making and staff body facilitates the NHRI’s appreciation of, and capacity to engage on, all human rights issues affecting the society in which it operates, and promotes the accessibility of the NHRIs for all citizens”.111 78. Moreover, Article 5 only makes reference to pluralism in terms of social forces, which encompass, as specified in the Explanatory Statement, non-governmental organizations, professional associations, trade unions, philosophical or religious communities, universities and experts, as well as representatives from the Parliament and from ministries (see par 68 supra). However, it does not refer to a balanced representation in terms of gender, ethnicity or minority status, as required by General Observation 1.7.112 It is worth noting that General Observation 1.7 expressly refers to the equitable participation of women in the NHRI and that the Sub-Committee on Accreditation has generally welcomed legal provisions requiring a balanced representation of both women and men in the composition of NHRI governing bodies.113 79. Article 5 should therefore be amended and supplemented to specify that the NHRI’s governing body and its staff, at all levels of responsibility, should be gender balanced, and should at the same time be representative of the Swiss society’s social, ethnic, religious and geographic diversity, reflecting diverse segments of professions and backgrounds. Guarantees for ensuring such pluralism should also be included in the Draft Act (or separate act),114 for instance by adding provisions clearly stating that qualification requirements, selection criteria and modalities, as well as employment conditions for NHRI staff, should ensure gender 108 109 110 111 112 113 114 Op. cit. footnote 9, General Observation 1.7 which refers to e.g., the requirement that members of the decision-making body shall represent different segments of society, ensure pluralism via the appointment procedures of the governing body or through procedures enabling effective co-operation with diverse societal groups (e.g., advisory committees, networks, consultations or public forums) or reflect pluralism by having staff that are representative of diverse segments of society. Op. cit. footnote 9, Justification to General Observation 1.7. See also e.g., op. cit. footnote 77, par 46 (2017 ODIHR Opinion on the Draft Act on the Independent National Human Rights Institution of Iceland); and Opinion on the Draft Amendments to the Law on Civil Service of Ukraine, 10 May 2016, par 42, <http://www.legislationline.org/download/action/download/id/6196/file/289_NHRI_UKR_10May2016_en.pdf>. See also Amnesty International, National Human Rights Institutions: Amnesty International’ Recommendations for Effective Protection and Promotion of Human Rights (2001), page 10, Recommendation 2.4, <https://www.amnesty.org/en/documents/ior40/007/2001/en/>. ibid. See also op. cit. footnote 9, Justification to General Observation 1.7, which states that the SCA considers the “pluralistic composition of the NHRI to be fundamentally linked to the requirement of independence, credibility, effectiveness and accessibility”. Op. cit. footnote 9, General Observation 1.7. See e.g., Article 5 par 2 of the Irish Human Rights Commission Act, requiring that out of a total number of nine members, no less than four members of the Commission shall be men, and that no less than four shall be women; and Section 5 of the Act relating to the Norwegian National Human Rights Institution (2015). See also e.g., Sub-Committee on Accreditation, Report and Recommendations of the Session (October 2014), page 17, <http://nhri.ohchr.org/EN/AboutUs/ICCAccreditation/Documents/SCA%20OCTOBER%202014%20FINAL%20REPORT%20%20ENGLISH.pdf>. See op. cit. footnote 64, par 44 (2013 OSCE/ODIHR-Venice Commission Joint Opinion on the Law relating to the Higher Committee for Human Rights and Fundamental Freedoms of Tunisia). 25