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]

  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). 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.
  7. ^ Vienna Declaration and Programme of Action, Part II para 84
  8. ^ Convention on the Rights of Persons with Disabilities, Article 33