10.1.3 Guaranteed by a constitution or legislation

The Paris Principles provide that an institution should have its "sphere of competence" set out in the constitutional provision or legislation that creates it and that it should have the authority to examine any human rights matter that is "within its jurisdiction".

There are several reasons why it is important for an institution's mandate to be set out in a constitution or in legislation: it enhances the institution's permanence (since its mandate cannot be changed or withdrawn merely by executive order or, if there is a constitutional basis, even by law) and independence (since there is less fear of a changed or withdrawn mandate). Having a NHRI's mandate set out in legislation that has been approved by the nation's elected officials improves visibility and transparency. The public can refer to a text that sets out what that institution is meant to do, as well as what powers it has, and can measure an institution's performance against defined expectations.

While the Paris Principles do not specify a preference for a constitutional mandate, having a mandate based in a constitution strengthens the NHRI since it provides more permanence (a constitution is harder to change) and gives the institution a higher profile in law. That being said, a constitutional mandate should be supplemented with enabling legislation that sets out in greater detail an institution's responsibilities, powers and authorities.