from those that handle individual complaints; and those working on all human
rights, including economic, social and cultural (ESC) rights, from those focusing
on specific issues, such as discrimination. We can equally place institutions
within the Hispanic, Francophone or Commonwealth tradition; or organise them
by continent: multi-member institutions that receive complaints in most of Africa
and Asia, single-member Defensores del Pueblo in Latin America, Ombudsman
in European Nordic countries, advisory institutions in Europe, and so on. In
short, there are as many typologies of NHRIs as papers written about them.
These distinctions are important to keep in mind. Clearly, measurements of
performance and impact should take account of the structure and mandate of
the institutions under review.
Furthermore, NHRIs operate in a range of conditions and with different levels
of resources. In judging what a given institution can realistically achieve,
assessments need to take such factors into account as well.
The Paris Principles
The Paris Principles are the principal source of normative standards for national
human rights institutions. Adopted by NHRIs at an international workshop held
in Paris in 1991, they marked the beginning of serious international co-operation
and standardisation of NHRIs. Both the United Nations Commission on Human
Rights and the General Assembly later endorsed them.
The Paris Principles are broad and general. They apply to all NHRIs, regardless
of structure or type. They provide that a national institution should be established
in the national Constitution or by a law that clearly sets out its role and powers
and that its mandate should be as broad as possible.
They state that national institutions should be pluralist and should co-operate
with a range of social and political groups and institutions, including nongovernmental organisations (NGOs), judicial institutions, professional bodies
and government departments.
The Principles state that NHRIs should have an infrastructure that allows them
to carry out their functions. Particular importance is attached to the need for
adequate funding to allow the institution “to be independent of the government
and not be subject to financial control which might affect this independence”.
The various functions of national institutions are described in the Principles as
“responsibilities”, suggesting that these are things that institutions are obliged
to do.
The Principles provide that NHRIs should make recommendations and proposals
to governments on various matters relating to human rights, including existing
and proposed laws, human rights violations, and the national human rights
situation in general.
Available at: www.ohchr.org/english/law/parisprinciples.htm
Assessing the Effectiveness of National Human Rights Institutions
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