4.1 Introduction

The rule of law is one of the most fundamental ideas in any functioning democratic legal system. It safeguards against arbitrary governance; it requires legal decisions to be made according to known principles or laws of general application, and it is based on equality. No one is above the law, and individuals are entitled to due process of law. The administration of justice itself turns on the rule of law and NHRIs have an important role in ensuring that human rights standards are respected in the administration of justice. NHRIs can and should play a role in advancing all aspects of the rule of law, including with regard to the judiciary, law enforcement agencies and the correctional system.

While the protection mandate of NHRIs extends equally to all human rights, be they civil, political, economic, social or cultural in nature, NHRIs have special responsibilities for addressing alleged incidents that threaten human life and security and which, by their very nature, undermine the rule of law and erode due process. These issues are sometimes referred to as the core protection mandate for NHRIs.