Chapter 2

Objective: Models of NHRIs

Identify different types of NHRIs, including regional specificities (by consolidating regional experiences) and existing guidelines.

Executive Summary

This chapter is designed to familiarize UNCT staff with the various NHRI models, with a focus on functional and structural differences, as well as regional specificities.

There is at present no universally accepted and applied ideal “model” for NHRIs, and beyond the term “NHRI”, there is no uniform organisational structure for these institutions either. Names, practices and functions vary widely, and the roles of NHRIs are evolving rapidly. To further complicate matters, the line between NHRIs and other types of national bodies, like ombudsmen and other types of special commissions aimed at advancing the rights women, or children, for example, is starting to blur. Some types of classifications and categories that were used in the past may be of limited use today.

As a result of the many forms and roles of NHRIs, there is a certain risk in making generalisations about “models” of institutions: The way in which an NHRI is categorised often depends on regional practice and accepted terminology within the regional legal tradition(s).

This chapter addresses types of NHRIs using a functional and structural approach. While the principal categories were historically “human rights commissions” and human rights “ombudsman” style offices, classifications are approximate at best and names can be misleading.

Annex 1 provides guidance on these broad categories of models, but should not be viewed as an evaluative tool. Various models are quickly evolving; there are as many variations as there are geographic traditions.

Annex 1: Comparison of NHRI Models

UNCTs should understand the surrounding legal, political, and regional institutional cultures that affect NHRIs and the work they do. Other factors, such as economic circumstances, philosophical differences, and practical considerations should also be taken into account.

Although UN staff may assist in sharing information about these factors with the NHRI, the Vienna Declaration and Programme of Action specifies that the ultimate decisions regarding the functional and structural shape of the NHRI will rest with the country.

Finally, the growing importance that UN Member States attach to NHRIs and Ombudsmen in protecting and promoting human rights is evident since, in December 2008, the United Nations General Assembly adopted two important resolutions addressing their roles that are set out at the end of the Chapter.