Glossary of Key Terms
A-Status institution: A national institution may be afforded this accreditation status by the Bureau of the International Coordinating Committee of National Institutions (ICC Bureau) when it is in full compliance with the Paris Principles. A-Status institutions that can participate fully in the work and meetings of National Institutions internationally and regionally as a voting member, and they can hold office in the ICC Bureau or any Sub-Committee established by the Bureau. A-status institutions are also able to participate in HRC sessions and take the floor under any agenda item, submit documentation and take separate seating.
The Abuja Guidelines (w): Adopted in Nigeria in 2004 at a meeting of representatives of national human rights institutions and of parliaments from the Commonwealth. They are guidelines for developing effective relationships between parliaments, parliamentarians and NHRIs for the promotion and protection of human rights. They recognize that both NHRIs and parliaments have an invaluable contribution to make to the promotion, protection and realization of human rights and that parliaments should develop a special working relationship with, and support the work of, NHRIs. The guidelines also recognize that NHRIs have a significant role to play in supporting the work of parliaments and parliamentarians.
Access to justice: The process of ensuring that all individuals have access to the legal services and to legal processes in order to defend and enforce their rights as well as to seek or obtain a legal remedy.
Accession: The act whereby a state accepts the offer or the opportunity to become a party to a treaty already negotiated and signed by other states. It has the same legal effect as ratification. Accession usually occurs after the treaty has entered into force.
Accreditation: The official recognition by the Bureau of the International Coordinating Committee of National Institutions (ICC Bureau) of whether a national institution meets or continues to comply fully with the Paris Principles. National Institutions may be afforded the following accreditation Statuses: (1) "A status": compliant with the Paris Principles; (2) "B status"; observer status - not fully in compliance with the Paris Principles or insufficient information provided to make a determination; and (3) "C status"; not compliant with the Paris Principles.
Accreditation process: The process by which the Sub Committee on Accreditation (SCA) of the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC) reviews and analyzes accreditation applications and makes recommendations to ICC Bureau members on the compliance of applicants (NHRI institutions) with the Paris Principles. At the end of the process, an NHRI may be afforded one of the 3 statuses ("A," "B," or "C" status). The process has "progressively become more rigorous and transparent, and now considers the effectiveness of NHRIs and their engagement with the international human rights system" (according to http://www.nhri.net/).
Amicus curiae: The amicus curiae is someone who, although they are not a party to the lawsuit, petitions the court or is requested by the court to file a brief due to their strong interest in the subject matter of the lawsuit (also referred to as "friend of the court" or "amicus").
Arbitrary detention: Holding an individual in custody without due cause, substantive evidence, or due process of law. All individuals have the right to liberty; therefore, arbitrary arrest or detention violates the rule of law and habeas corpus. Art 9(1) of ICCPR and Art. 9 of the Universal Declaration of Human Rights prohibit arbitrary detention. Art. 55 of the Rome Statute of the International Criminal Court defines arbitrary detention as a crime.
Arrest: Arrest generally refers to seizing or forcibly restraining an individual. More specifically, it signifies the act of placing a person in custody under legal authority of the state. This is generally done in response to a criminal charge. Unlawful arrest, in contrast to lawful arrest, would involve taking a person into custody without a valid warrant or without probable cause to believe the person has committed a crime.
Asia-Pacific Regional Human Development Initiative (AP Regional Initiative or APRI): The APRI is a regional programme. It provides UNDP Country Offices and other partners in the Asia-Pacific region with UNDP Human Development Reports and other forms of policy-oriented research, analysis, and advocacy. It seeks to link research and stakeholders as means to more effectively align policies with human development. The APRI also provides capacity development and policy advisory services to regional Country Offices.
Assembly, freedom of: The right to come together to address or promote common concerns. Freedom of assembly is guaranteed by Art. 21 ICCPR. It may be restricted in the interests of racial and religious harmony. Countries may require permission for assemblies by security forces without any reasonable basis being required for refusal. Certain assemblies and meetings are unduly restricted and or criminalized. For instance, it is illegal to join any group or person engaged in "terrorist" offences.
Association, freedom of: The right to join others in a peaceful, common undertaking that is considered lawful when pursued individually. It includes the right to form trade unions. Freedom of association is protected by Art. 22(1) ICCPR. However, governments have criminalised meetings held by, or membership held in, particular groups.
B-Status institution: A national institution may be afforded this accreditation status by the Bureau of the International Coordinating Committee of National Institutions (ICC Bureau) when it is not fully in compliance with the Paris Principles or has not yet submitted sufficient documentation for the ICC Bureau to make that determination. B-Status institutions may participate as observers in the work and meetings of national institutions nationally and regionally. They cannot vote or hold office within the ICC Bureau or its Sub-Committees. They are not given NHRI badges, nor may they take the floor under agenda items and submit documentation in the HRC.
Bureau of the International Coordinating Committee of National Institutions (ICC Bureau): The Bureau that grants accreditation to a national institution. National Institutions may be afforded the following accreditation Statuses by the ICC Bureau: (1) "A status": compliant with the Paris Principles; (2) "B status"; observer status - not fully in compliance with the Paris Principles or insufficient information provided to make a determination; and (3) "C status"; not compliant with the Paris Principles.
C-Status institution: A national institution may be afforded this accreditation status by the Bureau of the International Coordinating Committee of National Institutions (ICC Bureau) when it is non-compliant with the Paris Principles. C-Status institutions that have no rights or privileges with the Network or in UN rights fora. They may, at the invitation of the Chairperson of the Bureau, attend meetings of the ICC.
Capacity assessment: Focuses on assessing the internal ability of the NHRI to do its work and, as a result, on the forward-looking opportunities for UNCT programming in areas where capacity is lacking. Capacity assessment is an evaluative process that can also "feed" into other evaluative process.
Case management system: A mechanism that assists the NHRI in receiving, processing, investigating and tracking human rights complaints and investigations. Whether commissions have the capacity to receive individual complaints (as is the case for quasi-jurisdictional institutions) or to investigate human rights matters more generally, the objective is to establish clear, consistent and effective investigation mechanisms and to support the ability to provide recommendations to address human rights cases.
Changed circumstances: Where the condition or situation of any NHRI becomes altered in a way that might affect its ability to comply with the Paris Principles, the NHRI is expected to inform the Chairperson of the ICC of such changes. Its accreditation will then be reviewed by the Sub-Committee on Accreditation (SCA). If it the SCA Chairperson notices that the condition or situation of an NHRI has changed, he or she may independently initiate an accreditation review. For instance, the rise of a repressive regime or a coup may affect an NHRI's ability to comply with the Paris Principles and could lead to accreditation review.
Civil and political rights: The rights of all human beings to liberty and equality; sometimes referred to as first generation rights. Civil rights include freedom to worship, to think and express oneself, to vote, to take part in political life, and to have access to information. Civil and political rights are defended in a number of international instruments including the International Covenant on Civil and Political Rights.
Civil law: A prominent legal system originating in the Roman Empire that remains influential in continental Europe and Latin America, among other regions. The law in a civilian system is often codified. The code precedes judgments and provides an interpretive framework for the legal system. Most civil law systems are "monist."
Civil society: Civil society refers to all groups outside government such as community groups, non-governmental organizations, labour unions, indigenous peoples' organizations, charitable organizations, faith-based organizations, professional associations and foundations. Civil society expresses the interests of social groups and raises awareness of key issues in order to influence policy and decision-making. In recent decades, such organizations have been successful in shaping global policy through advocacy campaigns and mobilization of people and resources.
Common law: The common law originates in English law. It is distinct from civil law, which has its roots in the Roman Empire. It is a system of legal concepts and techniques that form the basis of the law in common law jurisdictions. The common law has traditionally derived primarily from judicial decisions, rather than statutes or conventions, though in contemporary jurisdictions the extent of this general characteristic varies a great deal. Most common law systems are "dualist."
Consolidation phase: Occurs after the institution is set up and has carried out its basic functions and programming. There are few predictable activities that can be cited as common needs of NHRIs at this phase. Each institution will present unique challenges and while there may be some trends in terms of common issues, the lack of uniformity means that evaluative activities are critical to this phase. Rather, the objectives are to take stock, take corrective action as required, and to enhance the institution's efforts to promote and protect human rights based on capacity assessments and programme evaluations. During the consolidation phase, the UNCT will be in a position to assess whether the NHRIs work is progressing properly and whether to recommend a change in direction. UNCT staff should support NHRIs in making decisions about how to manage projects and to optimize the chances of success and should avoid second-guessing the NHRIs' leadership or substituting UN opinion for that of the NHRI leadership.
Convention: The general meaning of "convention" is an international agreement. "Conventional law", is a term used to distinguish it from the other sources of international law, such as customary law or the general principles of international law. The generic term "convention" thus is synonymous with the generic term "treaty". Unlike declarations, Conventions are legally binding for governments that have signed them. When the UN General Assembly adopts a convention, it creates international norms and standards. Once a convention is adopted by the UN General Assembly, Member States can then ratify the convention, promising to uphold it. Governments that violate the standards set forth in a convention can then be censured by the UN.
Convention on the Protection and Promotion of the Diversity of Cultural Expressions ("UNESCO Convention"): Adopted by the UNESCO General Conference on 20 October 2005. It addresses the need to take cultural diversity into account in national and international development policies. It expresses cultural diversity not only through the varied ways in which the cultural heritage of humanity is expressed, augmented and transmitted, but also through diverse modes of artistic creation, production, dissemination, distribution and enjoyment, whatever the means and technologies used. The UNESCO Convention also acknowledges and addresses the tension that sometimes exists between culture and human rights.
Convention on the Rights of the Child (CRC): Also known as the Children's Convention, the CRC sets forth a full spectrum of civil, cultural, economic, social, and political rights for children. It was adopted in 1989.
Core protection issues: Core protection issues raise a degree of urgency and are linked to core rights. The OHCHR especially supports NHRIs regarding core protection issues, which are central to the very rationale of NHRIs. They include investigating human rights violations and handling complaints, especially as regards the prevention of torture and degrading treatment, arbitrary detention, disappearances and the protection of human rights defenders, are fundamental to what NHRIs do. In addition, NHRIs have a critical watchdog role in reviewing conditions in detention facilities, and should have the right to visit facilities unannounced and request private interviews with detainees.
Core protection mandate: While the protection mandate of NHRIs – in the general sense of that term - extends equally to all human rights, be they civil, political, economic, social or cultural in nature, the core protection mandate deals with a narrower group of rights associated with civil and political rights of an urgent nature. The OHCHR especially supports NHRIs regarding their core protection mandate, such as the prevention of torture and degrading treatment, summary executions, arbitrary detention and disappearances, and protection of human rights defenders. In carrying out its core protection mandate, NHRIs should be especially sensitive to the impact of rights violations in these areas as regards vulnerable groups.
Culture of human rights: A way of life based on human rights, where respect for the fundamental dignity of each individual is recognized as essential to the functioning and advancement of society. It works to uphold each article of the Universal Declaration of Human Rights.
Declaration on Cultural Diversity: Adopted by the UNESCO General Conference on 2 November 2001. It acknowledges cultural heritage as a basic part of how human beings identify and express themselves. Specific examples include oral expressions and traditions, including language, performing arts, social practices, rituals and festive events, knowledge and practices concerning nature and the universe.
Derogation: To abrogate, suspend or partially repeal a law by an act that limits its scope or impairs its efficacy and force. In terms of human rights treaties, derogation is a suspension of a right, which is only permissible in particular circumstances. For instance, the ICCPR limits derogations from the Covenant by states parties to times of official public emergency. Certain rights are "non-derogable" and therefore cannot be suspended under any circumstance.
Detention: The act of holding an individual in custody. Detention also refers to confinement or forced delay.
Domestic implementation: For a state that is a party an international agreement, the process of adopting all relevant national, regional, or local policies, laws and regulations, and undertaking all necessary actions to meet its obligations under the agreement.
Dualist: Most common law jurisdictions are "dualist," meaning that, as a general rule, an international instrument will only have legal enforceability if it has been incorporated into law by national legislation. For instance, Commonwealth nations such as Canada and India follow this common law tradition, as do most Anglophone nations in Africa.
Economic, social and cultural rights: Economic, social and cultural rights (ESC rights) are the fundamental human rights that support and enhance human existence and dignity by assuring equality and preventing discrimination. ESC rights concern the necessities of life, including the right to enjoy one's cultural identity and the benefits of development. Examples include the right to work; the right to an adequate standard of living, including food, clothing, and housing; the right to physical and mental health; the right to social security; the right to a healthy environment; and the right to education. These rights are deeply intertwined with civil and political rights. For example, the right to speak freely means little without a basic education. Similarly, the right to work is diminished if you are not allowed to meet and assemble with co-workers to discuss work conditions.
Effective implementation: For a Party to an international agreement, refers to the successful process of adopting all relevant policies, laws and regulations, and undertaking all necessary actions to meet its obligations under the agreement. The assessment of effective implementation depends on a wide range of policy instruments such as programmes, directives and administrative measures. Actual practice must be assessed to determine whether it is in conformity with the measures and norms that have been put into place. Monitoring is an important means of ensuring that legislative and policy initiatives are being successfully implemented. NHRIs can use the results of monitoring activities to promote more effective implementation measures.
Enabling law (or enabling legislation): The legal basis on which an entity depends for its existence, and which confers its lawful authority to act. NHRIs are creatures of statute and depend on enabling legislation for both their existence and legitimacy.
Equality: The notion that all human beings are entitled to the same human rights without distinction. The equality principle is embodied in article 2 of the Universal Declaration of Human Rights. Equality does not necessarily mean treating people the same but rather taking whatever steps are necessary to promote a more just society for all. A distinction is often drawn between the interconnected concepts of formal and substantive equality. Formal equality assumes that equality is obtained if a law or a policy treats everyone, e.g. men and women, in the same way, or in a neutral manner. Substantive equality is concerned with the effects of laws and policies and with ensuring that they alleviate, rather than propagate, the inherent disadvantage experienced by traditionally discriminated groups, such as women. See also Montreal Principles.
Establishment phase: The period immediately after the NHRI is established in law, when support will focus on structural issues, institutional development and the beginning of operations.
Evaluation: Evaluation is a broad term that has a variety of meanings, depending on the context and the objectives. In the context of this manual, it is used to describe the intentional and systematic effort to assess the impact, quality or effectiveness of a particular intervention. It is through evaluation that the UN can determine whether its work has been successful. Alternatively, an evaluation can point to areas which require attention in the future. It is for these reasons that evaluation is built into project design. UN project documents generally call for two evaluations: a mid-term review and an end of project evaluation. On-going evaluation is carried out through a Project Coordinating Committee. An NHRI's strategic plan can identify other appropriate points for internal evaluation efforts, and these too could go to the Coordinating Committee for review and information. Evaluation is a strategy not only for finding out how successful a project was, but also as a tool for organizational development, including how a mature organization should be investing in and developing its human resources with an eye to the particularities of NHRIs.
Focal point: The term originates in the business realm and refers to the individual or organization that is tasked with coordinating the activities and assignments of a number of groups or networks.
Forced disappearance (or enforced disappearance): Enforced disappearance is defined in Article 2 of the International Convention for the Protection of All Persons from Enforced Disappearance as
"the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law."
The Convention states that no exceptional circumstances may be invoked as a justification for enforced disappearance Art. 6 of the Convention and the Rome Statute of the International Criminal Court define the widespread or systematic use of enforced disappearances as a crime against humanity. Enforced disappearances violate fundamental human rights, including the right to liberty and the right to a fair trial.
Formal evaluations: Assessments of the performance of individual employees based on criteria that are relevant to their role in the organisation (such as the criteria stated in their job description). Formal evaluations should contain the following features: they are conducted at least bi-annually, but ongoing feedback is also a standard procedure, employees are encouraged to evaluate themselves against objective performance criteria, and action steps are drafted after each evaluation and monitoring of the achievement of these actions is carried out by the supervisor during observation and feedback sessions.
Fribourg Declaration: Adopted in Fribourg on 7 May 2007. It declares that cultural rights are part of human rights and affirms women's active participation in the interpretation of culture.
Gazetted bill: A proposed law or piece of legislation that has been announced or published in an official journal.
Habeas corpus: (Latin: "that you have the body") A writ, petition, or court order demanding that an individual who is detained be brought before a judge in order to decide whether the detention is lawful. It also refers to a prisoner's contestation of the legality of his or her detention. Habeas corpus has traditionally been a criminal law remedy, but has been used in other situations, such as immigration proceedings. A key feature of martial law is the suspension of habeas corpus.
Human rights: Human rights are the fundamental rights and freedoms which, it is generally agreed, everybody has from the moment of birth, simply because they are human beings. They are not privileges which need to be won and they apply equally to everybody, regardless of age, sex, race, ethnicity, wealth or social standing. Because they are rights, they cannot be taken away from anyone by the government (although they can be limited and sometimes suspended during states of emergency). These rights are based on a number of human rights principles. Human rights become enforceable as they become codified as conventions, covenants or treaties, or as they become recognized as customary international law.
Human rights-based approach (HRBA): A rights-based approach to development is a conceptual framework for human development that "integrates the norms, standards and principles of the international human rights system into the plans, policies and processes of development" (according to the OHCHR Office of the High Commissioner for Human Rights, FAQ).
Human rights instruments: This term refers to any and all of the legal documents that together embody the ideals, principles and norms of human rights.
Implementing legislation: Law(s) that incorporate an international agreement into the domestic law of a party to the agreement.
Information systems: Information systems are the, often computer-based, systems that are used to record and process data. Information systems, specifically databases, can contribute to automating certain aspects of data processing by identifying patterns and trends in data. They are powerful tools that may, for instance, assist NHRIs in identifying which cases to investigate and in creating a "fact base" for a specific type of case and its investigation.
International Coordinating Committee of National Institutions (ICC): The ICC coordinates the activities of the NHRI network. It encourages joint activities and cooperation among NHRIs, serves as liaison with the United Nations and other international organizations, and assists governments to establish institutions in conformity with the Paris Principles. The meetings organized by the ICC and its regional counterparts afford an excellent opportunity to enhance cooperation between NHRIs. The ICC was established by NHRIs at the International Conference held in Tunis in 1993 with the aim to coordinate the activities of the NHRI network. In 1998, rules of procedures were developed and its membership was enlarged to 16 members, four from each of the geographical regions. In 2008, the ICC was incorporated under Swiss law, with a Bureau of 16 voting members representing the four regions of the ICC. The ICC also adopted the ICC Statute as a basis for the incorporation.
International human rights law: International human rights law is formed by the codification of legal provisions governing human rights in various international human rights instruments. The Universal Declaration of Human Rights is generally agreed to mark the beginning of the modern International Human Rights Law era.
International humanitarian law: A set of rules that, for humanitarian reasons, attempts to limit the effects of armed conflict. It restricts the means and methods employed in warfare and seeks to protect individuals who are not or who have ceased to participate in the conflict. The majority of existing international humanitarian law rules are codified in the Geneva Conventions and their protocols. International humanitarian law is also known as the law of war or the law of armed conflict.
International instruments: This term refers to any and all of the legal documents that together embody the ideals, principles and norms of international law.
International law: International law, or the law of nations, refers to the legal system that governs relationships between different states. It is contained in agreements between states, such as treaties or conventions, customary rules and general principles. International law also refers to the law of international relations, which encompasses the relationship between nations, international organizations, and individuals.
Justiciability: A justiciable case is one that can be brought before the courts and in which a remedy can be sought and obtained. Justiciability is a key feature of a right. It also refers to the ability to use a human rights standard before the courts or to enforce such rights more generally. The justiciability of economic, social and cultural rights has been a contentious issue for years.
Knowledge management (KM): Knowledge Planning requires research and data, and these in turn require effective information systems to capture, manage and use the data. This group of activities is often collectively called "knowledge management." Knowledge management capacity is especially important for an NHRI's ability to generate and analyze disaggregated data. Effective knowledge management systems are directly linked to the institution's ability to link strategic planning objectives to institutional performance and to programme evaluation, starting with information required to understand the baseline situation and to track indicators. Effective knowledge management can, over time, help to identify national trends through situation monitoring, and support the identification of strategic approaches. They also support decisions for NHRI resource allocation activities such as investigations, policy development and thematic reports on substantive areas of human rights law.
Legal rights: Rights that are laid down in law and can be defended and brought before courts of law.
Legislative review: The process of evaluating existing or proposed legislation.
Life, right to: Individuals are protected under international law from being arbitrarily deprived of his or her life by the state.; Art 6(1) ICCPR guarantees this inherent right to life. Prohibitions against corporal punishment, the abolition of the death penalty, criminalization of torture, and the right to seek pardon provide further safeguards. The right is also upheld by Art. 3 of the Universal Declaration of Human Rights.
Millennium Development Goals (MDGs): The MDGs represent a global partnership that has grown from the commitments and targets established at the world summits of the 1990s. Responding to the world's main development challenges and to the calls of civil society, the MDGs promote poverty reduction, education, maternal health, gender equality, and aim at combating child mortality, AIDS and other diseases. Set for the year 2015, the MDGs are an agreed set of goals that can be achieved if all actors work together and do their part.
Minimum core obligation: A basic standard that must be met by all states parties to an international agreement. The state party must still ensure that its obligations are progressively implemented over time. Monitoring bodies, when evaluating whether a state party is meeting its obligations under international law, will first examine whether the minimum core obligations have been met. For example, the ESC right of an adequate standard of living includes a minimum core obligation of access to adequate food.
Mobility, right of: Also known as freedom of movement or right to travel.. The right of an individual lawfully within a territory of a state to have the right to liberty of movement and the freedom to choose his or her residence within that territory. It is also the right to be free to leave any country, including one's own. The right of mobility is guaranteed by; Art. 12 ICCPR. Restrictions on the right must be appropriate to achieve their purpose and must be the least intrusive instrument among available options and proportionate to the interest to be protected. Lawful restrictions should use precise criteria and not permit unfettered discretion.
Monist: Many countries with civil law systems are "monist", meaning that they accept ratified instruments automatically as part of domestic law. This means that rights and duties exist without the need for specific legislation. The Netherlands, France and Germany take a similar approach, as do other countries with a civil law tradition, including several Francophone countries in Africa.
Montreal Principles on Women's Economic, Social and Cultural Rights (Montreal Principles): These principles aim to guide the understanding and implementation of the guarantees of non-discrimination and the equal exercise of economic, social and cultural rights, found in articles 3 and 2(2) of the International Covenant on Economic, Social and Cultural Rights, so that women can benefit from these rights fully and equally. The Montreal Principles were adopted in December 2002 by a civil society expert group in Montreal, Canada.
Nairobi Declaration on the Administration of Justice: The Declaration was adopted at the Ninth International Conference of National Human Rights Institutions (Nairobi, Kenya, 21-24 October 2008). The Declaration elaborates upon the important role that NHRIs play in ensuring an effective administration of justice, in particular with regard to access to justice, the judiciary, law enforcement and correctional and detention facilities. The Nairobi Declaration is an important tool for NHRIs in working in close cooperation with other stakeholders to ensure fair administration of justice.
National human rights institution (NHRI): An institution with a constitutional and / or legislative mandate to protect and promote human rights. NHRIs are independent, autonomous institutions that operate at the national level. They are part of the State, are created by law, and are funded by the State. The Paris Principles broadly group NHRIs into three categories: human rights commissions, ombudsmen, and specialized national institutions designed to protect the rights of a particular vulnerable group (such as ethnic minorities, indigenous populations, refugees, women or children). In particular, the Paris Principles emphasize that NHRIs should be given "as broad a mandate as possible" and that they should be independent from the executive branch.
National Institutions and Regional Mechanisms Section: The main entry point for the OHCHR's efforts to establish and strengthen NHRIs, as well as for cooperation with NHRIs.
National law (or domestic law): The internal rules and regulations of a sovereign state.
Non-governmental organisations (NGOs): Organizations formed by and of people outside of Government. Non-profit, human rights, humanitarian aid and grassroots organizations can all be NGOs. NGOs monitor the proceedings of human rights bodies such as the Human Rights Council and are the "watchdogs" of the human rights that fall within their mandate. Some are large and international (e.g. the Red Cross, Amnesty International, the Girl Scouts); others may be small and local (e.g. an organization to advocate for people with disabilities in a particular city; a coalition to promote women's rights in one refugee camp). NGOs play a major role in influencing United Nations policy, and many of them have official consultative status at the UN.
OHCHR Office of the High Commissioner for Human Rights (OHCHR): A department of the United Nations Secretariat, mandated to promote and protect the enjoyment and full realization, by all people, of all rights established in the Charter of the United Nations and in international human rights laws and treaties. It is led by the High Commissioner for Human Rights. Its mandate includes preventing human rights violations, securing respect for all human rights, promoting international cooperation to protect human rights, coordinating related activities throughout the United Nations, and strengthening and streamlining the United Nations system in the field of human rights. In addition to its mandated responsibilities, the Office leads efforts to integrate a human rights approach within all work carried out by United Nations agencies.
Ombudsman: An Ombudsman can be any third party who deals with conflicts on a confidential basis and gives disputants information on how to resolve the problem at issue. In human rights terms, the Ombudsman is an Officer, independent of the government and political parties. The Ombudsman's job is to ensure the accountability of government through effective overseeing of the administration of government services in his or her jurisdiction.
Ombudsman office: An autonomous national institution, independent of the government and political parties, that ensures the accountability of government through effectively overseeing the administration of government services in its jurisdiction. The 'classical' Ombudsman office is not an NHRI.
Optional protocol: Very often, human rights treaties are followed by "optional protocols" which may either provide for procedures with regard to the treaty or address a substantive area related to the treaty. Optional protocols to human rights treaties are treaties in their own right, and are open to signature, accession or ratification by countries who are party to the main treaty. A party to the main treaty can opt but is not required to sign, accede or ratify the optional protocol.
Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OP-CAT): Adopted by the UN General Assembly on 18 December 2002 . It is an international treaty that establishes"a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment" (Art. 1). The Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment oversees the system.
OHCHR Optional Protocol to the International Covenant on Economic, Social and Cultural Rights: Adopted by the UN General Assembly on 10 December 2008. It is an international treaty that establishes a complaint mechanism for the International Covenant on Economic, Social and Cultural Rights. States parties consent to accept the competence of the Committee on Economic, Social and Cultural Rights to evaluate rights violation claims under the Covenant.
Paris Principles: The Principles relating to the Status of National Institutions, provide international minimum standards on the status and roles of NHRIs. In 1991, the UN Commission on Human Rights held an international workshop of human rights institutions, UN member states and specialised agencies, and non-governmental organisations (NGOs). The purpose was to review the cooperation between national and international institutions, and to explore ways to increase their effectiveness. The resulting "Paris Principles" were subsequently endorsed by the UN General Assembly in December 1993.
Parliamentary Committee: A group of members of Parliament selected to perform a special function or group of functions. For instance, a Parliamentary Committee may be brought together to conduct a clause-by-clause study of a bill and to propose amendments to it.
Poverty Reduction Strategy (PRS): A PRS is a "national cross-sectoral development framework, designed and implemented by national governments, specifically to tackle the causes and impact of poverty in a country" (according to "Human Rights, Health and Poverty Reduction Strategies" World Health Organization, 2005, 10). Poverty reduction is a gradual process and a PRS is a vehicle for achieving this long-term objective.
Poverty Reduction Strategy Papers (PRSPs): PRSPs describe the macroeconomic, structural, and social policies and programs that a country will develop over the course of several years in order to promote growth and reduce poverty. They are "prepared by governments in low-income countries through a participatory process involving domestic stakeholders and external development partners, including the IMF and the World Bank (according to http://www.imf.org/external/np/exr/facts/prsp.htm). The adoption and implementation of a PRSP is a way for a state to demonstrate its commitment to realizing all human rights for citizens. Many authors agree that a successful PRPS requires a strong human rights perspective.
Presumption of innocence: The fundamental principle of criminal law that a person may not be convicted of a crime unless guilt is proven beyond a reasonable doubt. The burden of proving innocence is generally not placed on the accused.
Privacy: Freedom from arbitrary or unlawful interference. The right to privacy is guaranteed by Art. 17(1) ICCPR. The State should justify intrusions or interceptions of personal privacy, including the home, correspondence and communications. However, wide search, seizure, and break and entry powers (without warrant) can be exercised by officers or security forces in the interests of national security, public order or similar justifications.
Private sector: The part of the economy that is not under direct government control. For instance, businesses may form part of the private sector.
Project Activity Framework (PAF): An outline, within a UN Project Document, that sets standards against which to review or evaluate a project's success. Programme activities that are predictable and important should be included in the project document and linked to the PAF. From the institution's perspective, the strategic plan will generally be the starting point for an evaluation. The starting point from the UN perspective is usually a project document and in particular the Project Activity Framework. The two should coincide since the NHRI's strategic plan should reflect what is in the PAF to the extent that the UNCT is supporting the NHRI. Strategic planning should be undertaken soon after the NHRI's establishment and that plan should then form the basis for revising the PAF.
Project Document: Defines the programme of action for a planned endeavour. The development of outcomes, indicators and targets are usually set out in broad terms in the strategic plan itself, but details of the activities and their costing should be contained in a workable action plan that focuses resources on activities that are both effective and coordinated. The plan should identify partners to work with; develop a realistic program of action to meet these challenges and overcome constraints. And it should set out costs (financial and personnel) of the program. In addition, the NHRI should develop mechanisms and processes to measure the degree to which the plan is being met and to take corrective action as required. Certain programme activity is both predictable and important and should be included in the initial project document. This would include: the preparation of core documents on human rights and the role of the NHRI, the design and delivery of public education programmes, and the design and delivery of training to key stakeholder groups: the police; prison officials; the army and security forces. Any review or evaluation has to assess capacity since the overall point of any Project Document is capacity development.
Ratification: The act by which a State formally agrees to be legally bound by a treaty's provisions. It usually requires the approval of the State's legislative body (or bodies, in the case of federal States). A State that ratifies a treaty is called a "State Party" to that treaty. An agreement that is ratified is applicable and legally binding on the State Party. Some treaties do not enter into force until they have been ratified by a certain number of the States that have signed it. The number of ratifications required is specified in the text of the treaty.
Re-accreditation: The ICC Rules of Procedure under sub-article 3(g) provide that:
"Where the circumstances of any member of the group of National Institutions change in any way which may affect its compliance with the Paris Principles, that member shall notify the Chairperson of those changes and the Chairperson shall place the matter before the accreditation sub-committee for review of that member's membership. Where, in the opinion of the Chairperson of the ICC or of any member of the accreditation sub-committee, it appears that the circumstances of any member of the group of National Institutions may have changed in any way which affects its compliance with the Paris Principles, the Chairperson or sub-committee may initiate a review of that member's membership."
This review process constitutes re-accreditation.
Remedy: In legal terms, the means by which a right is enforced or the violation of a right is prevented, redressed or compensated.
Reservation: A reservation is a declaration made by a State by which it purports to exclude or alter the legal effect of certain provisions of the treaty in their application to that State. A reservation enables a State to accept a multilateral treaty as a whole by giving it the possibility not to apply certain provisions with which it does not want to comply. Reservations can be made when the treaty is signed, ratified, accepted, approved or acceded to. Reservations must not be incompatible with the object and the purpose of the treaty. Furthermore, a treaty might prohibit reservations or only allow for certain reservations to be made on its application, the NHRI can document the impact of those reservations and attempt to influence the State to remove them.
Restorative justice: Restorative justice is a non-adversarial, non-retributive approach to justice that the United Nations Economic and Social Council defines as "an evolving response to crime that respects the dignity and equality of each person, builds understanding, and promotes social harmony through the healing of victims, offenders and communities" (http://www.un.org/docs/ecosoc/documents/2002/resolutions/eres2002-12.pdf). It offers victims an opportunity to obtain reparation and seek closure, while allowing offenders to take responsibility for their behaviour. Restorative justice promotes community well-being and deterrence. It can take various forms – from a national Truth and Reconciliation Commission to innovations in juvenile justice systems.
Rule of law: One of the fundamental, overarching ideas in legal systems. The rule of law is a safeguard against arbitrary governance and requires legal decisions to be made according to known principles or laws of general and equal application. The rule of law ensures that no one is above the law and that individuals are entitled to due process of law. It is a state responsibility. It informs and structures the effectiveness and integrity of the entire justice system, including the work of NHRIs.
The Siracusa Principles: The Siracusa Principles set standards of acceptable limitations and derogations from the ICCPR which supplement treaty norms. They seek to ensure that the clauses of the ICCPR are interpreted and applied in a manner consistent with the Covenant's objects and purposes. They were adopted at an international conference held in Siracusa, Italy in 1984.
States Parties: States that have ratified or acceded to a treaty.
The Sub Committee on Accreditation (SCA): In accordance with the Rules of Procedure of the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC), the Sub-Committee on Accreditation of the ICC has the mandate to review and analyse accreditation applications forwarded by the ICC Chairperson and to make recommendations to ICC Bureau members on the compliance of applicants with the Paris Principles. The SCA is composed of one "A status" accredited NHRI for each of the four regional groupings; namely Africa, the Americas, the Asia Pacific, and Europe. Members of the SCA are appointed by the regional groupings for a renewable term of three years. OHCHR participates in the work of the SCA as a permanent observer and in its capacity as ICC secretariat. An NHRI can receive any of the following 3 statuses; (1) "A status": compliant with the Paris Principles; (2) "B status"; observer status - not fully in compliance with the Paris Principles or insufficient information provided to make a determination; and (3) "C status"; not compliant with the Paris Principles.
Systemic level: The state of relating to or affecting an entire system
Torture: Article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment defines torture as a human rights violation and a crime that involves the intentional infliction of severe pain or suffering for such purposes as punishment, intimidation, and obtaining information, when inflicted by or at the instigation of, or with the consent or acquiescence of a public official or other person acting in an official capacity. Torture is prohibited by the Geneva Conventions, the ICCPR, and the CAT.
Transitional justice: Transitional justice refers to "a range of processes and mechanisms associated with society's attempt to come to terms with a legacy of large-scale past abuses in order to ensure accountability, serve justice and achieve reconciliation. These may include both judicial and non-judicial mechanisms, with varying levels of international involvement, or none at all. Individual prosecutions, reparations, truth-seeking, institutional reform, or a combination of these functions, may form part of the processes" (according to the Report of the Secretary-General on the rule of law and transitional justice in conflict and post-conflict societies, S/2004/616, paragraph 8). The NHRI's responsibility for transitional justice will depend on its enabling statute or other legislative provisions. A number of NHRIs have themselves been established as part of institutional reform in the transitional justice process.
Treaty: Formal agreement between States that defines and modifies their mutual duties and obligations; used synonymously with convention and covenant. When conventions are adopted by the United Nations General Assembly, they create legally binding international obligations for the Member States who have signed the treaty. When a national government ratifies a treaty, the content of that treaty should be incorporated into its domestic legal order, subject to transformation.
Treaty body: A group of experts set up according to the terms of a treaty to monitor each State Party's progress in fulfilling its obligations under that treaty. Also called a committee, a treaty-based body or a treaty monitoring body.
Treaty obligation: The duties and responsibilities assumed by a State once it has become a party to an international treaty. In terms of economic, social and cultural rights, state obligations are usually seen as three-fold, i.e. as obligations to respect, protect and fulfill.
Triage: The process of sorting through the numerous inquiries and potential human rights complaints that are made in-person, in writing or electronically to determine which can and should be investigated by the NHRI, as well as which require immediate or special attention. This process weeds out out-of-jurisdiction cases and identifies cases requiring immediate attention.
UN Country Team (UNCT): The family of UN organisations involved in a particular country, including UN Specialised Agencies, Funds and Programmes.
UN Global Compact: Launched in 2000 as a policy platform and a practical framework for companies committed to sustainability and responsible business practices. As a leadership initiative endorsed by chief executives, it seeks to align business operations and strategies everywhere with ten universally accepted principles in the areas of human rights, labour, environment and anti-corruption.
Unincorporated convention: An international agreement that has been ratified by a state, but that has not been implemented domestically through the process by which a state adopts all relevant policies, laws, and regulations, and undertakes all necessary actions to meet its obligations under the agreement.
Universal Periodic Review (UPR): The Universal Periodical Review (UPR) mechanism of the Human Rights Council is a fundamental tool to measure the extent to which each State has fulfilled its human rights obligations and commitments. The UPR is to look at best practices but also at challenges and obstacles that a State might face, based on information provided by the State concerned; reports of Treaty bodies, special procedures, and other United Nations documents deemed relevant by the Office of the High Commissioner for Human Rights; and information from other relevant stakeholders, including non-governmental organizations and NHRIs.
Vienna Declaration and Programme of Action: Consensus document arising from the 1993 United Nations Conference on Human Rights in Vienna. It states that human rights are universal, indivisible, interconnected and interrelated and underlines the need for assisting States in the task of building and strengthening national institutions and legal systems in the field of human rights. It also affirms that the human rights of women are an inalienable, integral and indivisible part of universal human rights and recognizes violence against women as a human rights violation.
Vienna World Conference on Human Rights: World Conference on human rights held in Vienna in 1993; produced the Vienna Declaration and Programme for Action. Women's human rights advocates used the conference to advocate for recognition of women's human rights.
Working Group on Arbitrary Detention (WG): The WG was established in 1991 and its mandate under the Human Rights Council includes the investigating of cases of deprivation of liberty imposed arbitrarily and to seek and receive information from Governments and intergovernmental and non-governmental organizations, and receive information from the individuals concerned, their families or their representatives. UNCTs can provide information to NHRIs about the Working Group and its procedures. NHRIs can support the international human rights system and fulfill their domestic mandate by supporting efforts by entities such as the WG.
Sources for Compiling the Glossary of Key Terms
Treaties and Other International Agreements
Convention on the Protection and Promotion of the Diversity of Cultural Expressions 20 Oct 2005
CRC: Convention on the Rights of the Child 20 Nov 1989
Declaration on Cultural Diversity 20 Nov 2001
Fribourg Declaration 7 May 2007
ICCPR: International Covenant on Civil and Political Rights 16 Dec 1966
ICCPR-OP1: Optional Protocol to the International Covenant on Civil and Political Rights 16 Dec 1966
ICESCR: International Covenant on Economic, Social and Cultural Rights 16 Dec 1966
International Convention for the Protection of All Persons from Enforced Disappearance 20 Dec 2006
Nairobi Declaration on the Administration of Justice 21-24 Oct 2008
Principles relating to the Status of National Institutions (The Paris Principles) 20 Dec 1993
Universal Declaration of Human Rights 1948
Secondary Sources
Department of Justice Canada, "Restorative Justice.
Equitas, Equality for Women: A Handbook for NHRIs on Economic, Social and Cultural Rights, 2008.
International Committee of the Red Cross (ICRC), Humanitarian Law Factsheet.
International Service for Human Rights (ISHR), "Participation of NGOs and NHRIs .
World Health Organization (WHO), "Human Rights, Health and Poverty Reduction Strategies 2005".
UNDP, "Human Development Reports Unit," online: UNDP Regional Centre in Colombo.
A. Eide, "Economic, Social and Cultural Rights as Human Rights" in Eide et al. (eds.), Economic, Social and Cultural Rights: A Textbook (Dordrecht: Martinus Nijhoff Publishers, 1995).
P. Malanczuk, Akehurst's Modern Introduction to International Law, 7th revised ed. (New York: Routledge, 1997) at 66.
M. Nowak, "The International Covenant on Civil and Political Rights" in Hanky and Suki (eds.), An Introduction to the International Protection of Human Rights: A Textbook, 2nd rev. ed. (Turku: Abu Academy University, Institute for Human Rights, 2004).
B.A. Garner, ed. Black's Law Dictionary, 8th ed. (St. Paul, MN: Thomson/West, 2004).