They require national institutions to promote teaching and research on human
rights and organise public awareness and education programmes.
The Paris Principles also address methods of operation and, by implication, the
powers of national institutions. They are entitled to consider any issue falling
within their competence without authorisation from any higher authority. They
are entitled to hear any person or gather any evidence needed to consider
matters falling within their competence.
National institutions are called on to publicise their decisions and concerns, as
well as meet regularly.
The Principles do not require NHRIs to have a “quasi-jurisdictional” function –
that is, to handle complaints or petitions from people whose human rights are
alleged to have been violated. However, where NHRIs do have this function, the
Principles list particular obligations:
▪
To seek an amicable settlement through conciliation, a binding decision or
on the basis of confidentiality;
▪
To inform petitioners of their rights, and available remedies, and promote
access to them;
▪
To hear complaints and transmit them to competent authorities; and
▪
To make recommendations to competent authorities.
Elements contributing to the effectiveness of NHRIs
Performance & Legitimacy noted that the formal structure of a national institution
did not determine its performance on the ground. Many NHRIs that formally
respected the Paris Principles were not particularly effective in guaranteeing
human rights. Others, less numerous, failed to comply with the Paris Principles
but still achieved reasonable results. This suggested that a range of factors
determined effectiveness.
It must be underlined that the report did not conclude that the formal criteria
contained in the Paris Principles were not significant. On the contrary, when
NHRIs had been effective without meeting these criteria, it found that this was
despite, not because, of their absence.
In short, national institutions tend to be more effective when they:
▪
Enjoy public legitimacy
▪
Are accessible
National institutions win public or popular legitimacy when they are seen to
stand up for the right of the powerless against powerful interests and act fairly
in treating issues within their purview. An institution’s legitimacy is also always
partly rooted in its formal or legal status.
National institutions should make known what they do, and how they can be
contacted, to the general public and non-governmental bodies. Their offices
should be accessible. Disadvantaged groups in society should be encouraged
to use them.
Assessing the Effectiveness of National Human Rights Institutions
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