Autonomy and Independence
Checklist: Autonomy and Independence
(Note that this checklist contains information on "Financial Autonomy" that is replicated later in this Chapter in the section on Principle 5: Financial Resources.)
Principle |
Requirements |
Y |
N |
---|---|---|---|
AUTONOMY & INDEPENDENCE |
Mandate is set out in constitution or legislation |
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Mandate gives authority to promote and protect human rights |
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AUTONOMY & INDEPENDENCE |
Competence is defined in legislation |
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AUTONOMY & INDEPENDENCE |
Appointment effected by official act |
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Appointment is for a specific duration, (but not so short – e.g., two-years – as to potentially effect independence and effectiveness) |
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Appointment may be renewable , so long as pluralism is assured. |
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Appointment process, duration, renewability and criteria set out in legislation |
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Appointment process supports pluralism and independence |
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AUTONOMY & INDEPENDENCE |
Conditions for which a member may be dismissed are set out in legislation |
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Conditions relate to serious misconduct, inappropriate conduct, conflict of interest or incapacity only |
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Decision to dismiss requires approval preferably by autonomous body such as a panel of high court judges, at a minimum by 2/3rds vote of Parliament |
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AUTONOMY & INDEPENDENCE |
If Government Officials in membership, they have advisory capacity only |
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Institution reports directly to Parliament |
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Members have immunity for official acts |
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State funding is sufficient to allow for independent staff and separate premises |
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State funding is sufficient to allow for core programming16 in protection and promotion |
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Funding not subject to financial control which might affect independence |
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Budget drawn up by the institution |
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Budget separate from any Department's budget |
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Institution has authority to defend budget requests directly before Parliament |
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Budget are secure |
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AUTONOMY & INDEPENDENCE |
The institution can consider any issue within its competence on its own initiative on the proposal of its member or any petitioner |
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AUTONOMY & INDEPENDENCE |
The institution can let the public know of opinions or recommendations, including through the media, without higher approval |
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The institution meets regularly and in plenary |
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Special meetings can be convened as necessary |
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All members are officially convened for meetings |
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AUTONOMY & INDEPENDENCE |
The institution can set up working groups (which may contain non-NHRI members) |
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The institution can set up regional or local offices |
16 "Core programming" in this context means that the Institution has enough funds available to conduct investigations, carry out general outreach programming and publish an Annual Report.