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

Broad Mandate and Responsibilities


Checklist: Broad Mandate and Responsibilities7

Principle

Requirements

Y

N

BROAD MANDATE
(subject-matter jurisdiction)

Competence is as broad as possible (from most to least broad)

  • Includes both CP and ESC Rights
  • Includes most CP and ESC Rights
  • Includes only CP Rights
  • Includes a subset of CP Rights
  • Is limited to single rights issue (e.g., Race or Discrimination)

BROAD MANDATE
(object matter jurisdiction)

Competence is as broad as possible (from most to least broad)

  • Over State and Private Sector (with public function), without restriction8
  • Over State, without restriction
  • Partial 9 restriction with regard to sensitive State Organs10
  • Total restrictions with regard to sensitive State Organs

BROAD MANDATE
(time jurisdiction)

Competence is as broad as possible (from most to least broad)

  • Can examine matter even if it predates institution
  • No limits providing matter occurred since set up of institution
  • Discretionary power to limit examination of 'old' cases
  • Limits on capacity to examine matters that are 'old' set in law

RESPONSIBILITY
(TO PROVIDE ADVICE)

Can provide advice on own initiative

  • On legislative or administrative provisions
  • On any violation the institution takes up
  • On the national situation generally or in specific
  • On situations of violations and government reactions to it

Can provide advice directly without referral

Can publicise the advice without referral or prior approval

RESPONSIBILITIES
(OTHER)

To encourage the harmonisation of national legislation and practices with international human rights instruments, as well as their effective implementation, including by

  • Participating in reviews of legislation and policy at time of ratification
  • Regularly reviewing and providing formal comments on draft legislation and policy
  • Regularly reviewing and formally commenting on the human rights situation generally or with respect to key issues

To encourage the ratification of international human rights instruments

To contribute to country human rights reports (from most to least broad)

  • Directly participates in drafting of complete report
  • Drafts section(s) on work of institution and reviews report
  • Drafts section(s) on work of institution
  • Reviews report in whole or in part

To cooperate with international and regional human rights organs and other national institutions

To elaborate and take part in education and research programs in human rights, including by:

  • Assisting in developing/reviewing curricula for schools
  • Assisting in training of Prison Guards, Police, Army and Security Forces

To sensitise people on human rights through publicity, education, information and the use of press organs, including by

  • Publishing an Annual Report
  • Regularly reporting on important cases through the media
  • Developing basic brochures on the institution

 

 

 

 

 

7 Note that text in italics are derived from, but not given in, the Paris Principles.

8 "Without restriction" in this context means no restriction except as regards the courts and Parliament.

9 "Partial" in this context means either that the restriction does not apply to all sensitive State organs, or that the restriction is not absolute.

10 'Sensitive State organ" in this context means, the Army, the Police, Security Forces and the equivalent.