Checklist for assessing conformity with the Paris Principles Principle Requirements COMPETENCE (mandate) Mandate is set out in constitution or legislation Y N Mandate gives authority to promote and protect human rights Competence is defined in legislation COMPETENCE (general jurisdiction) COMPETENCE (subject-matter jurisdiction) Competence is as broad as possible (from most to least broad) ■■ Includes both civil and political and economic, social and cultural rights Includes most civil and political and economic, social and cultural rights ■■ Includes only civil and political rights ■■ Includes a subset of civil and political rights ■■ Is limited to a single rights issue (e.g., race or discrimination) ■■ COMPETENCE (object-matter jurisdiction) Competence is as broad as possible (from most to least broad) ■■ Over State and private sector (with public function), without restriction48 ■■ Over State, without restriction Partial49 restriction with regard to sensitive State organs50 ■■ Total restriction with regard to sensitive State organs ■■ COMPETENCE (time jurisdiction) RESPONSIBILITY (to provide advice) Competence is as broad as possible (from most to least broad) ■■ Can examine matter even if it pre-dates institution ■■ No limits providing matter occurred since set-up of institution ■■ Discretionary power to limit examination of “old” cases ■■ Limits on capacity to examine matters that are “old” set in law Can provide advice on own initiative ■■ On legislative or administrative provisions ■■ On any violation the institution takes up ■■ On the national situation generally or on specific situations ■■ On situations of violations and Government reactions to them Can provide advice directly without referral Can publicize the advice without referral or prior approval “Without restriction” in this context means no restriction except as regards the courts and parliament. “Partial” in this context means either that the restriction does not apply to all sensitive State organs or that the restriction is not absolute. 50 “Sensitive State organ” in this context means the army, the police, the security forces or equivalent organs. 48 49 50