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National human rights institution

A national human rights institution (NHRI) is an independent state-based institution with the responsibility to broadly protect and promote human rights in a given country. The growth of such bodies has been encouraged by the Office of the United Nations High Commissioner for Human Rights (OHCHR), which has provided advisory and support services, and facilitated access for NHRIs to the United Nations (UN) treaty bodies and other committees.[1] There are over one hundred such institutions, about two-thirds assessed by peer review as compliant with the United Nations standards set out in the Paris Principles. Compliance with the Principles is the basis for accreditation at the UN, which, uniquely for NHRIs, is not conducted directly by a UN body but by a sub-committee of the Global Alliance of National Human Rights Institutions (GANHRI) called the Sub-Committee on Accreditation.[2] The secretariat to the review process (for initial accreditation, and reaccreditation every five years) is provided by the National Institutions and Regional Mechanisms Section of the OHCHR.[3]

NHRIs can be grouped together into two main categories: human rights commissions and ombudspersons. While most ombudspersons have their powers vested in a single person,[4] human rights commissions are led by multi-member boards, often representative of various societal groups. NHRIs are sometimes set up to deal with specific issues such as discrimination, although the Paris Principles requires they should be bodies with broad responsibilities. Specialised national institutions also exist in many countries to protect the rights of a particular vulnerable group such as ethnic and linguistic minorities, indigenous peoples, children, refugees, persons with disabilities or women.

However, national human rights institutions under the Paris Principles have an explicit and broad human rights mandate that should include both promotion and protection functions.[5] This can include research, documentation and training and education in human rights issues, than the classical ombudsman model which tends to work on handling complaints about administrative deficiencies. While all human rights violations are maladministration, only a small proportion of the workload of an ombudsman deals with violations of human rights standards.[6]

In most countries, a constitution, a human rights act or institution-specific legislation will provide for the establishment of a national human rights institution. The degree of independence of these institutions depends upon national law, and best practice requires a constitutional or statutory basis rather than (for example) a presidential decree.

Nations human rights institutions are also referred to by the Vienna Declaration and Programme of Action[7] and the Convention on the Rights of Persons with Disabilities.[8]

Role edit

Special commissions have been established in many countries to ensure that laws and regulations concerning the protection of human rights are effectively applied. Commissions tend to be composed of members from diverse backgrounds, often with a particular interest, expertise or experience in the field of human rights.

Human rights commissions are concerned primarily with the protection of those within the jurisdiction of the state against discrimination or mistreatment, and with the protection of civil liberties and other human rights. Some commissions concern themselves with alleged violations of any rights recognized in the constitution and/or in international human rights instruments.

One of the most important functions vested in many human rights commissions is to receive and investigate complaints from individuals (and occasionally, from groups) alleging human rights abuses committed in violation of existing national law. While there are considerable differences in the procedures followed by various human rights commissions in the investigation and resolution of complaints, many rely on conciliation or arbitration. It is not unusual for a human rights commission to be granted authority to impose a legally binding outcome on parties to a complaint. If no special tribunal has been established, the commission may be able to transfer unresolved complaints to the normal courts for a final determination.

NHRIs are usually able to deal with any human rights issue directly involving a public authority. In relation to non-state entities, some national human rights institutions have at least one of the following functions:

  • addressing grievances or disputes involving certain kinds of company (for instance state-owned enterprises, private companies providing public services, or companies that operate at the federal level)
  • addressing only certain types of human rights issue (for instance non-discrimination or labour rights)
  • addressing complaints or disputes raising any human rights issue and involving any company.[9]

Additionally they may promote and protect the responsibilities of the state and the rights of the individual by:

  • providing advice to the state to help determine its international and domestic human rights obligations and commitments
  • receiving, investigating and resolving human rights complaints
  • providing human rights education and publicity for all sections of society (particularly minority groups such as refugees)
  • monitoring the human rights situation in the state and its subsequent actions
  • engaging with the human rights international community to advocate for human right recommendations and to raise pressing issues for the state.[10]

Promoting and educating human rights may involve informing the public about the commission's own functions and purposes; provoking discussion about various important questions in the field of human rights; organizing seminars; holding counselling services and meetings; as well as producing and disseminating human rights publications.[10] Another important function of a human rights commission is systematically reviewing a government's human rights policy in order to detect shortcomings in human rights observance and to suggest ways of improving.[10] This often includes human rights proofing of draft legislation, or policies. The degree to which the recommendations or rulings produced by a human rights institution can be enforced varies based on the human rights climate surrounding the institution.

Human rights commissions may also monitor the state's compliance with its own and with international human rights laws and if necessary, recommend changes. The realization of human rights cannot be achieved solely through legislation and administrative arrangements; therefore, commissions are often entrusted with the important responsibility of improving community awareness of human rights.

According to the Paris Principles, the national human rights institutions are obliged to make "preparation of reports on the national situation with regard to human rights in general, and on more specific matters"; and this is mostly done in annual status reports.[11]

Reason for establishing national human rights institutions edit

The International Council on Human Rights Policy reported that NHRIs are established in three key ways: in countries that are experiencing conflict (usually internal like South Africa, Ireland or Spain), or to respond to claims of serious human rights abuses.[12] NHRIs can also be established as visual institutional security, as a body that is seen to be dealing with prevalent issues (such as seen in Mexico and Nigeria), or finally to underpin and consolidate other human rights protections (such as in Australia and New Zealand). National governments wanted to establish institutions which reflected their own opinions and cultural identity more effectively. In this regard they enable states to set their own agendas that reflect their individuality. The United Nations Commission on Human Rights passed resolutions in 1992 which recommended promotion of such institutions by government's that did not yet have any, and also promote the development of those that did.[12] At the end of the 20th Century the United Nations Commission would take over tasks that require international involvement. Regional human rights agreements also encouraged this development and establishment of human rights institutions as technical assistance was provided through international arrangements (such as the Asia-Pacific Forum of National Human Rights Institutions).[12]

NHRIs in some member states work at the international and regional level (such as in the European Union).[13] They may work as preventative mechanisms for non-discrimination of minority groups or international crimes (such as torture).[13] The authority and expertise that NHRIs customarily hold provides them the ability to promote equal treatment. Ultimately they are a useful tool in assisting states to comply with international rights standards by providing a uniquely objective perspective and addressing and resolving issues at the domestic level.[13]

Coupled with the United Nations, NHRIs are protecting and providing comprehensive and wide-ranging solutions. However some states are unwilling to give effect to these sanctions, and the United Nations is unable to conduct the widespread and analytical monitoring of countries. In order to be legitimate, effective and credible NHRIs must be independent and effective.[14] One of the most effective tools that NHRIs have is their unique position between the responsibilities of government and the rights of civil society and non-governmental organisations (NGOs). This conceptual space gives NHRIs a positively distinctive role, acting as a different protection service for the people and different tools available to hold the state and other bodies accountable for human rights breaches.[14] However being independent from government and NGOs provides greater difficulty when funding, and working relationships are taken into account.[14] In most countries they receive government funding, and are also created and appointed by a governmental body.[14] This creates somewhat of a parallel obligation and taints the idea of the institutions autonomy and makes it harder to pursue their individual agenda.

Paris Principles edit

The Paris Principles were conceived at a 1991 conference convened by the United Nations Commission on Human Rights.[13] Although the priorities and structure of them differ from country to country they have core features.[15] Part A.3 of the Paris Principles adopted in March 1993 by the United Nations Commission on Human Rights provides that NHRIs responsibilities are to ratify human rights treaties and cooperation with human rights mechanisms. The workshop recommendations provide a basis for assessing the effectiveness and independence of a NHRI, identifying six key criteria for states seeking to establish such institutions or to become effective:

  • independence from government (allowing them to act as a check or balance)
  • independence granted from constitution or legislation (both financially and otherwise)
  • appropriate powers of investigation without referral from a higher authority or receipt of an individual complaint
  • pluralism, allowing them to coexist with the governing body
  • adequate financial and human resources
  • clearly defined and broad mandate including the protection and promotion of universal human rights.[16]

Those NHRI that fully comply with these fundamental criteria and have shown independence are accredited an "A status", while those that only partially fulfil them receive a "B status". Those that are given "A status" are allowed to participate in discussion on the United Nations Human Rights Council discussions and more broadly, its mechanisms. The Subcommittee on Accreditation determines the "status" of each NHRI which can be appealed to GANHRI's Chair within 28 days.[17] "C status" NHRIs are labelled as such due to a perception of non-compliance with the Paris Principles, but may still participate in gatherings as observers.[13] The Committee reviews these decisions every five years, giving the institutions multiple opportunities to show further independence or compliance with the Paris Principles. Aiming to be transparent, vigorous and thorough in its evaluations the committee will provide advice on how best to earn "A status" and comply with the Paris Principles.

Global Alliance of National Human Rights Institutions edit

The Global Alliance of National Human Rights Institutions (GANHRI), formerly known as the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC), is a representative body of institutions worldwide. Its goal is to develop and create effective and independent NHRIs around the world.[18] These institutions meet the "A status" (voting member) requirements of the Paris Principles and encourages inter-institutional cooperation.[18] In addition to organising international conferences for NHRIs it will also help those institutions in need of assistance and will occasionally help governments to create NHRIs when requested.[18]

International Ombudsman Institute edit

NHRIs can deal with a variety of issues including torture, discrimination, environment and employment rights.[14] In addition to human rights commissions they can be constituted or legislated as an ombudsman or a hybrid human-rights ombudsman.[14] The International Ombudsman Institute provides support for the national ombudsman institutions for human rights who similarly protect and promote human rights. They are more concerned with state administration processes and so receive and make complaints in regards to any systematic or administrative human rights breaches or concerns.[19]

International Coordinating Committee of NHRIs edit

The international Coordinating Committee of NHRIs was established in 1993 with a Bureau composed of one representative from the Americas, Asia Pacific, Africa and Europe.[20] The Coordinating Committee organises an annual meeting and a biennial conference that facilitates and supports NHRI engagement with the United Nations system.[20] At these gatherings NHRIs are able to share their expertise on specific topics and engage with the United Nations Office of the High Commissioner for Human Rights (OHCHR), which acts as a Secretariat of the Coordinating Committee. In order to facilitate NHRI dialogue with civil society the Coordinating Committee also holds an NGO forum. The Coordinating Committee may also be asked by a government to assist in making a new NHRI or to develop on pre existing ones.[20] Its name was changed to GANHRI in 2016.

Not all of the following NHRIs are accredited through GANHRI.

Afghanistan
Afghan Independent Human Rights Commission
Albania
People's Advocate
Algeria
National Human Rights Commission of Algeria
Angola
Justice and Rights Ombudsman (Provedor de Justiça e de direitos)
Antigua and Barbuda
Office of the Ombudsman
Argentina
Public Defender (Defensoría del Pueblo de la Nación Argentina) (Ombudsman) [21]
Armenia
Human Rights Defender of Armenia
Australia
Australian Human Rights Commission
Austria
Austrian Ombudsman Board
Azerbaijan
Human Rights Commissioner
Bahrain
National Institution for Human Rights
Barbados
Ombudsman
Bangladesh
National Human Rights Commission
Belgium
Centre for equal opportunities and opposition to racism
Belize
Office of the Ombudsman
Bénin
Bénin Human Rights Commission
Bermuda
Bermuda Ombudsman
Bolivia
Public Defender (Defensor del Pueblo)
Bosnia and Herzegovina
Human Rights Chamber for Bosnia and Herzegovina (pre-2003 cases)
Human Rights Ombudsman of Bosnia and Herzegovina (current cases)
Bulgaria
Bulgarian Parliamentary Ombudsman
Burkina Faso
National Human Rights Commission of Burkina Faso
Cameroon
National Commission on Human Rights and Freedoms
Canada
Canadian Human Rights Commission
Chad
Chad National Human Rights Commission
Colombia
Ombudsman's Office of Colombia
Democratic Republic of the Congo
National Human Rights Observatory (DR Congo)
Republic of the Congo
National Human Rights Commission (Republic of the Congo)
Costa Rica
Defender of the Inhabitants (Defensoria de los Habitantes)
Croatia
Office of the Croatian Ombudsman
Cyprus
National Institute for the Protection of Human Rights
Czech Republic
Public Defender of Rights (Czech Republic)
International Human Rights Commission (IHRC)
Denmark
Danish Institute for Human Rights
Ecuador
Defensoría del Pueblo del Ecuador
Egypt
National Council for Human Rights
El Salvador
Human Rights Procurator (Procuraduría de Defensa de los Derechos Humanos)
Ethiopia
Ethiopian Human Rights Commission
Fiji
Fiji Human Rights Commission
Finland
Parliamentary Ombudsman
France
Commission nationale consultative des droits de l'homme
Gabon
National Human Rights Commission
Georgia
Office of Public Defender of Georgia
Germany
German Institute for Human Rights (Deutsches Institut für Menschenrechte)
Ghana
Commission on Human Rights and Administrative Justice CHRAJ
Great Britain (UK)
Equality and Human Rights Commission (EHRC) – see also Scotland
Greece
National Human Rights Commission (Εθνική Επιτροπή για τα Δικαιώματα του Ανθρώπου)
Guatemala
Procurator for Human Rights (Procurador de los Derechos Humanos)
Guyana
Office of the Ombudsman
Haiti
Office de la Protection du Citoyen
Honduras
National Human Rights Commissioner (Comisionado Nacional de Derechos Humanos)
Hong Kong
Equal Opportunities Commission (Hong Kong)
Hungary
Commissioner for Fundamental Rights
India
National Human Rights Commission (India)
Indonesia
National Commission on Human Rights (Komnas HAM)
Iran
Defenders of Human Rights Center
Islamic Human Rights Commission
Ireland
Irish Human Rights and Equality Commission
Italy
Commissione per i Diritti Umani
Jamaica
Office of the Public Defender (Jamaica)
Jordan
National Centre for Human Rights (Jordan)
Kazakhstan
Commissioner for Human Rights
Kenya
Kenya National Commission on Human Rights (KNCHR)
Korea, Republic of
National Human Rights Commission of Korea
Kosovo (Under United Nations Administration via UN Resolution 1244)
Ombudsperson Institution in Kosovo
Kyrgyzstan
Ombudsman of the Kyrgyz Republic
Latvia
Rights' Defender
Lithuania
The Seimas Ombudsmen
Luxembourg
Consultative Commission of Human Rights (Luxembourg)
Macedonia
Human Rights Ombudsman of Macedonia
Madagascar
National Human Rights Commission (Madagascar)
Malawi
Malawi Human Rights Commission
Malaysia
Human Rights Commission of Malaysia (SUHAKAM)
Maldives
Human Rights Commission of the Maldives
Mali
Commission nationale consultative des droits de l’homme (Mali)
Mauritania
Commissariat aux Droits de l’Homme, a la Lutte contre la Pauvreté et l’Insertion (Mauritania)
Mauritius
National Human Rights Commission (Mauritius)
Mexico
National Human Rights Commission (Mexico)
Moldova
Centre for Human Rights of Moldova
Mongolia
National Human Rights Commission (Mongolia)
Montenegro
Office of the Ombudsman of the Republic of Montenegro
Morocco
National Human Rights Council
Myanmar (Burma)
Myanmar National Human Rights Commission
Namibia
Office of the Ombudsman (Namibia)
Nepal
National Human Rights Commission (Nepal)
Netherlands
Netherlands Institute for Human Rights
New Zealand
Human Rights Commission (HRC)
Nicaragua
Human Rights Procurator (Procuraduría para la Defensa de los Derechos Humanos)
Niger
Nigerien National Commission on Human Rights and Fundamental Liberties
Nigeria
National Human Rights Commission (Nigeria)
Northern Ireland (UK)
Northern Ireland Human Rights Commission (NIHRC)
Norway
Norwegian National Human Rights Institution
Palestine
Palestinian Independent Commission for Citizen's Rights
Pakistan
National Commission for Human Rights, Pakistan
Panama
Defensoría del Pueblo de la República de Panamá
Paraguay
Defensoría del Pueblo de la República del Paraguay
Peru
Public Defender (Defensoría del Pueblo)
Philippines
Commission on Human Rights (Philippines)
Poland
Commissioner for Civil Rights Protection (ombudsman)
Portugal
Provedor de Justiça
Puerto Rico
Oficina del Procurador del Ciudadano
Qatar
National Committee for Human Rights (Qatar)
Romania
Ombudsman (Avocatul Poporului)
Russia
Commissioner for Human Rights (Russia)
Ombudsman#Russia
Rwanda
National Commission for Human Rights (Rwanda)
Saint Lucia
Office of the Parliamentary Commissioner (St Lucia)
Samoa
Office of the Ombudsman
Scotland (UK)
Scottish Human Rights Commission (SHRC) – see also Great Britain
Senegal
Senegalese Committee for Human Rights
Serbia
Office of the Ombudsman of the Republic of Serbia
Sierra Leone
Human Rights Commission of Sierra Leone
Slovakia
Slovak National Centre for Human Rights
Slovenia
Human Rights Ombudsman (Slovenia)
South Africa
South African Human Rights Commission (SAHRC)
Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission)
Commission for Gender Equality (CGE)
Public Protector
South Sudan
South Sudan Human Rights Commission (SSHRC)[22]
Spain
Defensor del Pueblo (Ombudsman)
Sri Lanka
National Human Rights Commission (Sri Lanka)
Sudan
National Human Rights Commission (Sudan)
Sweden
Parliamentary Ombudsman (JO)
Children's Ombudsman (Sweden) (BO)
Discrimination Ombudsman (Sweden) (DO)
Switzerland
Federal Commission against Racism (Switzerland)
Taiwan
National Human Rights Commission (Taiwan)
Tanzania
Commission for Human Rights and Good Governance (Tanzania)
Thailand
National Human Rights Commission (Thailand)
Timor Leste
Office of the Provedor for Human Rights and Justice (Timor Leste)
Togo
National Human Rights Commission (Togo)
Trinidad and Tobago
Office of the Ombudsman of Trinidad and Tobago
Tunisia
Higher Committee on Human Rights and Fundamental Freedoms (Tunisia)
Turkey
Human Rights and Equality Institution of Turkey
Ombudsman Institution
Uganda
Uganda Human Rights Commission (UHRC)
Ukraine
Ombudsman in Ukraine
United Kingdom
see Great Britain; Northern Ireland; Scotland
United States
United States Commission on Civil Rights
Uzbekistan
Authorized Person of the Oliy Majlis of the Republic of Uzbekistan for Human Rights (Ombudsman)
Venezuela
Defensoría del Pueblo (Venezuela)
Zambia
Permanent Human Rights Commission (Zambia)

Regional groupings edit

Sub-national human rights institutions edit

Australia
Anti-Discrimination Board of New South Wales
Victorian Equal Opportunity and Human Rights Commission
Equal Opportunity Commission (South Australia)
Equal Opportunity Commission (Western Australia)
Anti-Discrimination Commission Queensland
Office of Anti-Discrimination Commissioner (Tasmania)
Human Rights Commission (Australian Capital Territory)
Northern Territory Anti-Discrimination Commission
Canada
Alberta Human Rights and Citizenship Commission
British Columbia Human Rights Tribunal
Ontario Human Rights Commission
United Kingdom
The three UK bodies (Great Britain, Northern Ireland, Scotland) are listed above as they are each recognised as NHRIs.
Spain
Each Spanish region has its own ombudsman.
South Korea
Provincial and Metropolis level
Provincial Human Rights Promotion Commission (South Chungcheong Province)
Provincial Human Rights Promotion Commission (Gangwon Province)
Seoul Human Rights Commission
Human Rights Ombudsman (Gwangju)
Citizen Council for Human Rights Promotion is advisory council for the Ombudsman
Ulsan Human Rights Commission
Education
Human Rights Commission for Students, Gyeonggi Provincial Office of Education
Human Rights Advocate for Students (Gyeonggi Province)
Human Rights Commission for Students, Seoul Metropolitan Office of Education
Human Rights Advocate for Students (Seoul)

See also edit

References edit

  1. ^ "GANHRI". Retrieved 2020-10-26.
  2. ^ Langtry, David; Roberts Lyer, Kirsten (2021). National Human Rights Institutions: Rules, Requirements and Practice. Oxford University Press. pp. Chapter 2. ISBN 978-0-19-882910-2.
  3. ^ "OHCHR". OHCHR. Retrieved 2020-10-26.
  4. ^ Reif, Linda C. (2020). Ombuds Institutions, Good Governance and the International Human Rights System. Brill. ISBN 9789004273962.
  5. ^ "Sub-Committee on Accreditation General Observation 1.2 (2018)". GANHRI Website. Retrieved 21 March 2022.
  6. ^ Lindsnaes, Birgit; Lindholt, Lone; Yigen, eds. (2001). (PDF). The Danish Institute for Human Rights. Archived from the original (PDF) on 28 April 2004.
  7. ^ Vienna Declaration and Programme of Action, Part II para 84
  8. ^ Convention on the Rights of Persons with Disabilities, Article 33
  9. ^ . Archived from the original on 2010-11-08.
  10. ^ a b c "What are national human rights institutions? | Asia Pacific Forum". www.asiapacificforum.net. Retrieved 2017-09-10.
  11. ^ . National Human Rights Institutions Forum. Archived from the original on 8 October 2007.
  12. ^ a b c Cardenas, Sonia (2014-03-05). Chains of Justice: The Global Rise of State Institutions for Human Rights. University of Pennsylvania Press. ISBN 978-0-8122-4539-4.
  13. ^ a b c d e Handbook on the establishment and accreditation of National Human Rights Institutions in the European Union. Vienna: European Union Agency for Fundamental Rights. 2012. ISBN 978-92-9192-993-1.
  14. ^ a b c d e f Smith, Anne (November 2006). "The Unique Position of National Human Rights Institutions: A Mixed Blessing?" (PDF). Human Rights Quarterly. 28 (4): 904–946. doi:10.1353/hrq.2006.0054. S2CID 201791953.
  15. ^ "Paris Principles | Asia Pacific Forum". www.asiapacificforum.net. Retrieved 2017-09-10.
  16. ^ "Paris Principles | Asia Pacific Forum". www.asiapacificforum.net. Retrieved 2017-09-08.
  17. ^ "International Coordinating Committee". International Justice Resource Center. 2012-11-28. Retrieved 2017-09-08.
  18. ^ a b c . www.hrc.co.nz. Archived from the original on 2018-10-17. Retrieved 2017-09-10.
  19. ^ "The IOI" (in German). Retrieved 2017-09-10.
  20. ^ a b c "International Coordinating Committee". International Justice Resource Center. 2012-11-28. Retrieved 2017-09-10.
  21. ^ Stropparo, P. E. (2023). Pueblo desnudo y público movilizado por el poder: Vacancia del Defensor del Pueblo: algunas transformaciones en la democracia y en la opinión pública en Argentina . Revista Mexicana De Opinión Pública, (35). https://doi.org/10.22201/fcpys.24484911e.2023.35.85516
  22. ^ "Interim Report on South Sudan Internal Conflict – December 15, 2013 – March 15, 2014" (PDF). South Sudan Human Rights Commission. 2014-03-22. (PDF) from the original on 2017-06-11. Retrieved 2019-11-01.

Further reading edit

A regularly updated bibliography of NHRI resources (webpages, publications, research) is available on the Asia-Pacific Forum of NHRI's webpage LINK

  • EU Fundamental Rights (2020) A gency Strong and effective national human rights institutions – challenges, promising practices and opportunities
  • OHCHR (2010) National Human Rights institutions – History, Principles, Roles and Responsibilities (Professional Training Series No.4)
  • OHCHR (2009) Survey on National Human Rights Institutions
  • Anna-Elina Pohjolainen. (2006). The Danish Institute for Human Rights.
  • Commonwealth Human Rights Initiative. (2006). Human Rights Commissions: A Citizen’s Handbook, IInd Edition Commonwealth Human Rights Initiative
  • International Council on Human Rights Policy. (2005) Assessing the Effectiveness of National Human Rights Institutions International Council on Human Rights Policy/Office of the United Nations High Commissioner for Human Rights
  • Morten Kjærum. (2003). The Danish Institute for Human Rights
  • Donnelly, Jack. (2003). Universal Human Rights in Theory & Practice. 2nd ed. Ithaca & London: Cornell University Press.
  • Birgit Lindsnaes, Lone Lindholt, Kristine Yigen (eds.). (2001) National Human Rights Institutions, Articles and working papers, Input to the discussions of the establishment and development of the functions of national human rights institutions The Danish Institute for Human Rights.

External links edit

  • GANHRI Website
  • UNHCHR Universal Declaration of Human Rights 1948
  • (ACCESS Facility)


national, human, rights, institution, national, human, rights, institution, nhri, independent, state, based, institution, with, responsibility, broadly, protect, promote, human, rights, given, country, growth, such, bodies, been, encouraged, office, united, na. A national human rights institution NHRI is an independent state based institution with the responsibility to broadly protect and promote human rights in a given country The growth of such bodies has been encouraged by the Office of the United Nations High Commissioner for Human Rights OHCHR which has provided advisory and support services and facilitated access for NHRIs to the United Nations UN treaty bodies and other committees 1 There are over one hundred such institutions about two thirds assessed by peer review as compliant with the United Nations standards set out in the Paris Principles Compliance with the Principles is the basis for accreditation at the UN which uniquely for NHRIs is not conducted directly by a UN body but by a sub committee of the Global Alliance of National Human Rights Institutions GANHRI called the Sub Committee on Accreditation 2 The secretariat to the review process for initial accreditation and reaccreditation every five years is provided by the National Institutions and Regional Mechanisms Section of the OHCHR 3 NHRIs can be grouped together into two main categories human rights commissions and ombudspersons While most ombudspersons have their powers vested in a single person 4 human rights commissions are led by multi member boards often representative of various societal groups NHRIs are sometimes set up to deal with specific issues such as discrimination although the Paris Principles requires they should be bodies with broad responsibilities Specialised national institutions also exist in many countries to protect the rights of a particular vulnerable group such as ethnic and linguistic minorities indigenous peoples children refugees persons with disabilities or women However national human rights institutions under the Paris Principles have an explicit and broad human rights mandate that should include both promotion and protection functions 5 This can include research documentation and training and education in human rights issues than the classical ombudsman model which tends to work on handling complaints about administrative deficiencies While all human rights violations are maladministration only a small proportion of the workload of an ombudsman deals with violations of human rights standards 6 In most countries a constitution a human rights act or institution specific legislation will provide for the establishment of a national human rights institution The degree of independence of these institutions depends upon national law and best practice requires a constitutional or statutory basis rather than for example a presidential decree Nations human rights institutions are also referred to by the Vienna Declaration and Programme of Action 7 and the Convention on the Rights of Persons with Disabilities 8 Contents 1 Role 2 Reason for establishing national human rights institutions 3 Paris Principles 4 Global Alliance of National Human Rights Institutions 5 International Ombudsman Institute 6 International Coordinating Committee of NHRIs 7 Regional groupings 8 Sub national human rights institutions 9 See also 10 References 11 Further reading 12 External linksRole editSpecial commissions have been established in many countries to ensure that laws and regulations concerning the protection of human rights are effectively applied Commissions tend to be composed of members from diverse backgrounds often with a particular interest expertise or experience in the field of human rights Human rights commissions are concerned primarily with the protection of those within the jurisdiction of the state against discrimination or mistreatment and with the protection of civil liberties and other human rights Some commissions concern themselves with alleged violations of any rights recognized in the constitution and or in international human rights instruments One of the most important functions vested in many human rights commissions is to receive and investigate complaints from individuals and occasionally from groups alleging human rights abuses committed in violation of existing national law While there are considerable differences in the procedures followed by various human rights commissions in the investigation and resolution of complaints many rely on conciliation or arbitration It is not unusual for a human rights commission to be granted authority to impose a legally binding outcome on parties to a complaint If no special tribunal has been established the commission may be able to transfer unresolved complaints to the normal courts for a final determination NHRIs are usually able to deal with any human rights issue directly involving a public authority In relation to non state entities some national human rights institutions have at least one of the following functions addressing grievances or disputes involving certain kinds of company for instance state owned enterprises private companies providing public services or companies that operate at the federal level addressing only certain types of human rights issue for instance non discrimination or labour rights addressing complaints or disputes raising any human rights issue and involving any company 9 Additionally they may promote and protect the responsibilities of the state and the rights of the individual by providing advice to the state to help determine its international and domestic human rights obligations and commitments receiving investigating and resolving human rights complaints providing human rights education and publicity for all sections of society particularly minority groups such as refugees monitoring the human rights situation in the state and its subsequent actions engaging with the human rights international community to advocate for human right recommendations and to raise pressing issues for the state 10 Promoting and educating human rights may involve informing the public about the commission s own functions and purposes provoking discussion about various important questions in the field of human rights organizing seminars holding counselling services and meetings as well as producing and disseminating human rights publications 10 Another important function of a human rights commission is systematically reviewing a government s human rights policy in order to detect shortcomings in human rights observance and to suggest ways of improving 10 This often includes human rights proofing of draft legislation or policies The degree to which the recommendations or rulings produced by a human rights institution can be enforced varies based on the human rights climate surrounding the institution Human rights commissions may also monitor the state s compliance with its own and with international human rights laws and if necessary recommend changes The realization of human rights cannot be achieved solely through legislation and administrative arrangements therefore commissions are often entrusted with the important responsibility of improving community awareness of human rights According to the Paris Principles the national human rights institutions are obliged to make preparation of reports on the national situation with regard to human rights in general and on more specific matters and this is mostly done in annual status reports 11 Reason for establishing national human rights institutions editThe International Council on Human Rights Policy reported that NHRIs are established in three key ways in countries that are experiencing conflict usually internal like South Africa Ireland or Spain or to respond to claims of serious human rights abuses 12 NHRIs can also be established as visual institutional security as a body that is seen to be dealing with prevalent issues such as seen in Mexico and Nigeria or finally to underpin and consolidate other human rights protections such as in Australia and New Zealand National governments wanted to establish institutions which reflected their own opinions and cultural identity more effectively In this regard they enable states to set their own agendas that reflect their individuality The United Nations Commission on Human Rights passed resolutions in 1992 which recommended promotion of such institutions by government s that did not yet have any and also promote the development of those that did 12 At the end of the 20th Century the United Nations Commission would take over tasks that require international involvement Regional human rights agreements also encouraged this development and establishment of human rights institutions as technical assistance was provided through international arrangements such as the Asia Pacific Forum of National Human Rights Institutions 12 NHRIs in some member states work at the international and regional level such as in the European Union 13 They may work as preventative mechanisms for non discrimination of minority groups or international crimes such as torture 13 The authority and expertise that NHRIs customarily hold provides them the ability to promote equal treatment Ultimately they are a useful tool in assisting states to comply with international rights standards by providing a uniquely objective perspective and addressing and resolving issues at the domestic level 13 Coupled with the United Nations NHRIs are protecting and providing comprehensive and wide ranging solutions However some states are unwilling to give effect to these sanctions and the United Nations is unable to conduct the widespread and analytical monitoring of countries In order to be legitimate effective and credible NHRIs must be independent and effective 14 One of the most effective tools that NHRIs have is their unique position between the responsibilities of government and the rights of civil society and non governmental organisations NGOs This conceptual space gives NHRIs a positively distinctive role acting as a different protection service for the people and different tools available to hold the state and other bodies accountable for human rights breaches 14 However being independent from government and NGOs provides greater difficulty when funding and working relationships are taken into account 14 In most countries they receive government funding and are also created and appointed by a governmental body 14 This creates somewhat of a parallel obligation and taints the idea of the institutions autonomy and makes it harder to pursue their individual agenda Paris Principles editMain article Paris Principles human rights standards The Paris Principles were conceived at a 1991 conference convened by the United Nations Commission on Human Rights 13 Although the priorities and structure of them differ from country to country they have core features 15 Part A 3 of the Paris Principles adopted in March 1993 by the United Nations Commission on Human Rights provides that NHRIs responsibilities are to ratify human rights treaties and cooperation with human rights mechanisms The workshop recommendations provide a basis for assessing the effectiveness and independence of a NHRI identifying six key criteria for states seeking to establish such institutions or to become effective independence from government allowing them to act as a check or balance independence granted from constitution or legislation both financially and otherwise appropriate powers of investigation without referral from a higher authority or receipt of an individual complaint pluralism allowing them to coexist with the governing body adequate financial and human resources clearly defined and broad mandate including the protection and promotion of universal human rights 16 Those NHRI that fully comply with these fundamental criteria and have shown independence are accredited an A status while those that only partially fulfil them receive a B status Those that are given A status are allowed to participate in discussion on the United Nations Human Rights Council discussions and more broadly its mechanisms The Subcommittee on Accreditation determines the status of each NHRI which can be appealed to GANHRI s Chair within 28 days 17 C status NHRIs are labelled as such due to a perception of non compliance with the Paris Principles but may still participate in gatherings as observers 13 The Committee reviews these decisions every five years giving the institutions multiple opportunities to show further independence or compliance with the Paris Principles Aiming to be transparent vigorous and thorough in its evaluations the committee will provide advice on how best to earn A status and comply with the Paris Principles Global Alliance of National Human Rights Institutions editThe Global Alliance of National Human Rights Institutions GANHRI formerly known as the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights ICC is a representative body of institutions worldwide Its goal is to develop and create effective and independent NHRIs around the world 18 These institutions meet the A status voting member requirements of the Paris Principles and encourages inter institutional cooperation 18 In addition to organising international conferences for NHRIs it will also help those institutions in need of assistance and will occasionally help governments to create NHRIs when requested 18 International Ombudsman Institute editNHRIs can deal with a variety of issues including torture discrimination environment and employment rights 14 In addition to human rights commissions they can be constituted or legislated as an ombudsman or a hybrid human rights ombudsman 14 The International Ombudsman Institute provides support for the national ombudsman institutions for human rights who similarly protect and promote human rights They are more concerned with state administration processes and so receive and make complaints in regards to any systematic or administrative human rights breaches or concerns 19 International Coordinating Committee of NHRIs editThe international Coordinating Committee of NHRIs was established in 1993 with a Bureau composed of one representative from the Americas Asia Pacific Africa and Europe 20 The Coordinating Committee organises an annual meeting and a biennial conference that facilitates and supports NHRI engagement with the United Nations system 20 At these gatherings NHRIs are able to share their expertise on specific topics and engage with the United Nations Office of the High Commissioner for Human Rights OHCHR which acts as a Secretariat of the Coordinating Committee In order to facilitate NHRI dialogue with civil society the Coordinating Committee also holds an NGO forum The Coordinating Committee may also be asked by a government to assist in making a new NHRI or to develop on pre existing ones 20 Its name was changed to GANHRI in 2016 Not all of the following NHRIs are accredited through GANHRI Afghanistan Afghan Independent Human Rights Commission Albania People s Advocate Algeria National Human Rights Commission of Algeria Angola Justice and Rights Ombudsman Provedor de Justica e de direitos Antigua and Barbuda Office of the Ombudsman Argentina Public Defender Defensoria del Pueblo de la Nacion Argentina Ombudsman 21 Armenia Human Rights Defender of Armenia Australia Australian Human Rights Commission Austria Austrian Ombudsman Board Azerbaijan Human Rights Commissioner Bahrain National Institution for Human Rights Barbados Ombudsman Bangladesh National Human Rights Commission Belgium Centre for equal opportunities and opposition to racism Belize Office of the Ombudsman Benin Benin Human Rights Commission Bermuda Bermuda Ombudsman Bolivia Public Defender Defensor del Pueblo Bosnia and Herzegovina Human Rights Chamber for Bosnia and Herzegovina pre 2003 cases Human Rights Ombudsman of Bosnia and Herzegovina current cases Bulgaria Bulgarian Parliamentary Ombudsman Burkina Faso National Human Rights Commission of Burkina Faso Cameroon National Commission on Human Rights and Freedoms Canada Canadian Human Rights Commission Chad Chad National Human Rights Commission Colombia Ombudsman s Office of Colombia Democratic Republic of the Congo National Human Rights Observatory DR Congo Republic of the Congo National Human Rights Commission Republic of the Congo Costa Rica Defender of the Inhabitants Defensoria de los Habitantes Croatia Office of the Croatian Ombudsman Cyprus National Institute for the Protection of Human Rights Czech Republic Public Defender of Rights Czech Republic International Human Rights Commission IHRC Denmark Danish Institute for Human Rights Ecuador Defensoria del Pueblo del Ecuador Egypt National Council for Human Rights El Salvador Human Rights Procurator Procuraduria de Defensa de los Derechos Humanos Ethiopia Ethiopian Human Rights Commission Fiji Fiji Human Rights Commission Finland Parliamentary Ombudsman France Commission nationale consultative des droits de l homme Gabon National Human Rights Commission Georgia Office of Public Defender of Georgia Germany German Institute for Human Rights Deutsches Institut fur Menschenrechte Ghana Commission on Human Rights and Administrative Justice CHRAJ Great Britain UK Equality and Human Rights Commission EHRC see also Scotland Greece National Human Rights Commission E8nikh Epitroph gia ta Dikaiwmata toy An8rwpoy Guatemala Procurator for Human Rights Procurador de los Derechos Humanos Guyana Office of the Ombudsman Haiti Office de la Protection du Citoyen Honduras National Human Rights Commissioner Comisionado Nacional de Derechos Humanos Hong Kong Equal Opportunities Commission Hong Kong Hungary Commissioner for Fundamental Rights India National Human Rights Commission India Indonesia National Commission on Human Rights Komnas HAM Iran Defenders of Human Rights Center Islamic Human Rights Commission Ireland Irish Human Rights and Equality Commission Italy Commissione per i Diritti Umani Jamaica Office of the Public Defender Jamaica Jordan National Centre for Human Rights Jordan Kazakhstan Commissioner for Human Rights Kenya Kenya National Commission on Human Rights KNCHR Korea Republic of National Human Rights Commission of Korea Kosovo Under United Nations Administration via UN Resolution 1244 Ombudsperson Institution in Kosovo Kyrgyzstan Ombudsman of the Kyrgyz Republic Latvia Rights Defender Lithuania The Seimas Ombudsmen Luxembourg Consultative Commission of Human Rights Luxembourg Macedonia Human Rights Ombudsman of Macedonia Madagascar National Human Rights Commission Madagascar Malawi Malawi Human Rights Commission Malaysia Human Rights Commission of Malaysia SUHAKAM Maldives Human Rights Commission of the Maldives Mali Commission nationale consultative des droits de l homme Mali Mauritania Commissariat aux Droits de l Homme a la Lutte contre la Pauvrete et l Insertion Mauritania Mauritius National Human Rights Commission Mauritius Mexico National Human Rights Commission Mexico Moldova Centre for Human Rights of Moldova Mongolia National Human Rights Commission Mongolia Montenegro Office of the Ombudsman of the Republic of Montenegro Morocco National Human Rights Council Myanmar Burma Myanmar National Human Rights Commission Namibia Office of the Ombudsman Namibia Nepal National Human Rights Commission Nepal Netherlands Netherlands Institute for Human Rights New Zealand Human Rights Commission HRC Nicaragua Human Rights Procurator Procuraduria para la Defensa de los Derechos Humanos Niger Nigerien National Commission on Human Rights and Fundamental Liberties Nigeria National Human Rights Commission Nigeria Northern Ireland UK Northern Ireland Human Rights Commission NIHRC Norway Norwegian National Human Rights Institution Palestine Palestinian Independent Commission for Citizen s Rights Pakistan National Commission for Human Rights Pakistan Panama Defensoria del Pueblo de la Republica de Panama Paraguay Defensoria del Pueblo de la Republica del Paraguay Peru Public Defender Defensoria del Pueblo Philippines Commission on Human Rights Philippines Poland Commissioner for Civil Rights Protection ombudsman Portugal Provedor de Justica Puerto Rico Oficina del Procurador del Ciudadano Qatar National Committee for Human Rights Qatar Romania Ombudsman Avocatul Poporului Russia Commissioner for Human Rights Russia Ombudsman Russia Rwanda National Commission for Human Rights Rwanda Saint Lucia Office of the Parliamentary Commissioner St Lucia Samoa Office of the Ombudsman Scotland UK Scottish Human Rights Commission SHRC see also Great Britain Senegal Senegalese Committee for Human Rights Serbia Office of the Ombudsman of the Republic of Serbia Sierra Leone Human Rights Commission of Sierra Leone Slovakia Slovak National Centre for Human Rights Slovenia Human Rights Ombudsman Slovenia South Africa South African Human Rights Commission SAHRC Commission for the Promotion and Protection of the Rights of Cultural Religious and Linguistic Communities CRL Rights Commission Commission for Gender Equality CGE Public Protector South Sudan South Sudan Human Rights Commission SSHRC 22 Spain Defensor del Pueblo Ombudsman Sri Lanka National Human Rights Commission Sri Lanka Sudan National Human Rights Commission Sudan Sweden Parliamentary Ombudsman JO Children s Ombudsman Sweden BO Discrimination Ombudsman Sweden DO Switzerland Federal Commission against Racism Switzerland Taiwan National Human Rights Commission Taiwan Tanzania Commission for Human Rights and Good Governance Tanzania Thailand National Human Rights Commission Thailand Timor Leste Office of the Provedor for Human Rights and Justice Timor Leste Togo National Human Rights Commission Togo Trinidad and Tobago Office of the Ombudsman of Trinidad and Tobago Tunisia Higher Committee on Human Rights and Fundamental Freedoms Tunisia Turkey Human Rights and Equality Institution of Turkey Ombudsman Institution Uganda Uganda Human Rights Commission UHRC Ukraine Ombudsman in Ukraine United Kingdom see Great Britain Northern Ireland Scotland United States United States Commission on Civil Rights Uzbekistan Authorized Person of the Oliy Majlis of the Republic of Uzbekistan for Human Rights Ombudsman Venezuela Defensoria del Pueblo Venezuela Zambia Permanent Human Rights Commission Zambia Regional groupings editInternational Ombudsman Institute Network of African National Human Rights Institutions NANHRI Asia Pacific Forum of National Human Rights Institutions APF European Group of National Human Rights Institutions Network of National Institutions in the AmericasSub national human rights institutions editAustralia Anti Discrimination Board of New South Wales Victorian Equal Opportunity and Human Rights Commission Equal Opportunity Commission South Australia Equal Opportunity Commission Western Australia Anti Discrimination Commission Queensland Office of Anti Discrimination Commissioner Tasmania Human Rights Commission Australian Capital Territory Northern Territory Anti Discrimination Commission dd Canada Alberta Human Rights and Citizenship Commission British Columbia Human Rights Tribunal Ontario Human Rights Commission dd United Kingdom The three UK bodies Great Britain Northern Ireland Scotland are listed above as they are each recognised as NHRIs Spain Each Spanish region has its own ombudsman South Korea Provincial and Metropolis levelProvincial Human Rights Promotion Commission South Chungcheong Province Provincial Human Rights Promotion Commission Gangwon Province Seoul Human Rights Commission Human Rights Ombudsman Gwangju Citizen Council for Human Rights Promotion is advisory council for the Ombudsman dd Ulsan Human Rights Commission dd EducationHuman Rights Commission for Students Gyeonggi Provincial Office of EducationHuman Rights Advocate for Students Gyeonggi Province dd Human Rights Commission for Students Seoul Metropolitan Office of EducationHuman Rights Advocate for Students Seoul dd dd See also edit nbsp Politics portal nbsp Switzerland portalAfrican Court on Human and Peoples Rights European Court of Human Rights Greek National Commission for Human Rights Human rights Human Rights Commissions Inter American Court of Human Rights International human rights instruments List of human rights articles by country List of human rights organisations Vienna Declaration and Programme of ActionReferences edit GANHRI Retrieved 2020 10 26 Langtry David Roberts Lyer Kirsten 2021 National Human Rights Institutions Rules Requirements and Practice Oxford University Press pp Chapter 2 ISBN 978 0 19 882910 2 OHCHR OHCHR Retrieved 2020 10 26 Reif Linda C 2020 Ombuds Institutions Good Governance and the International Human Rights System Brill ISBN 9789004273962 Sub Committee on Accreditation General Observation 1 2 2018 GANHRI Website Retrieved 21 March 2022 Lindsnaes Birgit Lindholt Lone Yigen eds 2001 National Human Rights Institutions Articles and working papers Input to the discussions of the establishment and development of the functions of national human rights institutions PDF The Danish Institute for Human Rights Archived from the original PDF on 28 April 2004 Vienna Declaration and Programme of Action Part II para 84 Convention on the Rights of Persons with Disabilities Article 33 National Human Rights Institutions Archived from the original on 2010 11 08 a b c What are national human rights institutions Asia Pacific Forum www asiapacificforum net Retrieved 2017 09 10 Paris Principles National Human Rights Institutions Forum Archived from the original on 8 October 2007 a b c Cardenas Sonia 2014 03 05 Chains of Justice The Global Rise of State Institutions for Human Rights University of Pennsylvania Press ISBN 978 0 8122 4539 4 a b c d e Handbook on the establishment and accreditation of National Human Rights Institutions in the European Union Vienna European Union Agency for Fundamental Rights 2012 ISBN 978 92 9192 993 1 a b c d e f Smith Anne November 2006 The Unique Position of National Human Rights Institutions A Mixed Blessing PDF Human Rights Quarterly 28 4 904 946 doi 10 1353 hrq 2006 0054 S2CID 201791953 Paris Principles Asia Pacific Forum www asiapacificforum net Retrieved 2017 09 10 Paris Principles Asia Pacific Forum www asiapacificforum net Retrieved 2017 09 08 International Coordinating Committee International Justice Resource Center 2012 11 28 Retrieved 2017 09 08 a b c Human Rights Commission National human rights institutions www hrc co nz Archived from the original on 2018 10 17 Retrieved 2017 09 10 The IOI in German Retrieved 2017 09 10 a b c International Coordinating Committee International Justice Resource Center 2012 11 28 Retrieved 2017 09 10 Stropparo P E 2023 Pueblo desnudo y publico movilizado por el poder Vacancia del Defensor del Pueblo algunas transformaciones en la democracia y en la opinion publica en Argentina Revista Mexicana De Opinion Publica 35 https doi org 10 22201 fcpys 24484911e 2023 35 85516 Interim Report on South Sudan Internal Conflict December 15 2013 March 15 2014 PDF South Sudan Human Rights Commission 2014 03 22 Archived PDF from the original on 2017 06 11 Retrieved 2019 11 01 Further reading editA regularly updated bibliography of NHRI resources webpages publications research is available on the Asia Pacific Forum of NHRI s webpage LINK EU Fundamental Rights 2020 A gency Strong and effective national human rights institutions challenges promising practices and opportunities OHCHR 2010 National Human Rights institutions History Principles Roles and Responsibilities Professional Training Series No 4 OHCHR 2009 Survey on National Human Rights Institutions Anna Elina Pohjolainen 2006 The Evolution of National Human Rights Institutions The Danish Institute for Human Rights Commonwealth Human Rights Initiative 2006 Human Rights Commissions A Citizen s Handbook IInd Edition Commonwealth Human Rights Initiative International Council on Human Rights Policy 2005 Assessing the Effectiveness of National Human Rights Institutions International Council on Human Rights Policy Office of the United Nations High Commissioner for Human Rights Morten Kjaerum 2003 National Human Rights Institutions Implementing Human Rights The Danish Institute for Human Rights Donnelly Jack 2003 Universal Human Rights in Theory amp Practice 2nd ed Ithaca amp London Cornell University Press Birgit Lindsnaes Lone Lindholt Kristine Yigen eds 2001 National Human Rights Institutions Articles and working papers Input to the discussions of the establishment and development of the functions of national human rights institutions The Danish Institute for Human Rights External links editGANHRI Website UNHCHR Universal Declaration of Human Rights 1948 National Human Rights Institution NHRI Profiles ACCESS Facility Retrieved from https en wikipedia org w index php title National human rights institution amp oldid 1165198419, wikipedia, wiki, book, books, library,

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