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
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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).