Chapter 4
Objective: The Rule of Law and the NHRI
Raise awareness about the importance of engaging with NHRIs to ensure greater respect for the rule of law and the administration of justice, and to strengthen the core protection mandate of NHRIs, especially as regards law enforcement, security institutions and detention facilities.
Executive Summary
The rule of law and the administration of justice are State responsibilities. NHRIs also have a role in strengthening both areas. With respect to the rule of law, this Chapter examines the role of NHRIs and the particular strategies and activities that NHRIs can undertake to strengthen the rule of law.
A related and crucial aspect of the NHRI mandate is core protection work. The OHCHR considers core protection issues to be one of the more important elements in determining the credibility of NHRIs at both the national and international levels.
This chapter emphasizes the role of NHRIs in the core protection mandate such as:
- General activities relating to the prevention of torture, summary execution and arbitrary detention;
- Complaints from detainees;
- Detention monitoring; and
- General activities relating to the protection of human rights defenders.
The importance of effective protection in these areas cannot be over-emphasised. A NHRI’s protection mandate and the effectiveness of its work in this area are its most-scrutinised functions, and this is especially true in the core protection area. NHRIs should be especially sensitive to the impact of rights violations in this area as regards vulnerable groups: for example, a gender lens is required when UNCT staff are supporting NHRIs, to ensure that violence against women is appropriately addressed, and that protection efforts are directed to those who need them most.
As a corollary, the Annex to the Chapter also looks at each of the specific areas that NHRIs can intervene in, and specific areas that UNCTs can support. (See Annex 1).
The final section looks at ways to develop and strengthen capacity in the area of core protection.