Chapter 1
Introducing National Human
Rights Institutions

Chapter 2
Models of NHRIs

Chapter 3
Roles and Responsabilities of
NHRIs

Chapter 4
The Rule of Law and the NHRI

Chapter 5
NHRIs, Development and
Democratic Governance

Chapter 6
Situating NHRI Support in the UN Planning & Programming Process

Chapter 7
Pre-establishment Phase of NHRIs

Chapter 8
Establishing NHRIs

Chapter 9
Consolidation Phase:
Strengthening the Mature NHRI

Chapter 10
Paris Principles and Accreditation

4.3 Core Protection

The importance of effective human rights protection cannot be over-emphasised, nor can the risk of losing credibility if a NHRI fails to demonstrate results in the area of its core protection mandate. The effectiveness of NHRIs’ work in the core protection mandate is its most-scrutinised function.

The OHCHR especially supports NHRIs regarding:

  • General activities relating to the prevention of torture, summary executions and arbitrary detention;
  • Complaints from detainees;
  • Detention monitoring; and
  • General activities relating to the protection of human rights defenders.

OHCHR prioritises support to NHRIs for core protection issues, as these issues are among the most important elements for NHRI credibility at both the national and international levels.

Quick Facts about NHRIs and core protection activities

In a survey undertaken by the OHCHR, over 80% of NHRI respondents indicated that they are indeed carrying out activities relating to the prevention of torture and ill-treatment, including by visiting places of detention and receiving complaints from detainees. Nevertheless, the quantity and quality of this work appears varied. Furthermore, only two thirds of the responses had dedicated activities for human rights defenders. The level of activity in this area was notably lower among European NHRIs.

Source: OHCHR, Survey of National Human Rights Institutions: Report on the Findings and Recommendations of a Questionnaire Addressed to NHRIs Worldwide. 2009. www.nhri.net.

The following table contains an overview of some of the key core protection areas requiring particular attention:


TABLE 2: KEY RIGHTS LINKED TO CORE PROTECTION MANDATE

  • Arrest, freedom from arbitrary
  • Arrest, right to be informed of reasons for
  • Assembly, freedom of
  • Association, freedom of
  • Derogations, from fundamental rights & freedoms
  • Detention, freedom from arbitrary
  • Detention, right to be treated humanely
  • Habeas corpus
  • Legal rights (trial and court procedure)
  • Life, right to
  • Movement, freedom of
  • Presumption of innocence
  • Remedy, access to justice
  • Retroactive laws, prohibition against
  • Servitude, right to be free from
  • Slavery, right to be free from
  • Torture, protection against

The Core Protection Mandate

“NHRIs can play an important role in upholding and reinforcing the rule of law and the administration of justice; advocating for legal and institutional reform and improvement of security institutions, such as the police and prisons; and monitoring places of detention. However, if NHRIs are unwilling or unable to address, head-on, issues such as the prevention of torture and degrading treatment, arbitrary detention or disappearances, the protection of human rights defenders, they become disconnected from the real concerns of victims of human rights abuses and the urgent needs of the most vulnerable. Not being directly involved in such issues weakens their credibility at home and also at the regional and international levels.”

Source: Mr. G. Magazzeni, Coordinator, National Institutions Unit, OHCHR. “Domestic Protection of Human Rights: Strengthening Independent National Structures” (Dublin, 16-17 September 2008).