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Principles relating to the Status of National Institutions (Paris Principles) - Human rights at your fingertips - Human rights at your fingertips

Commission Commission – General
Friday 14 December, 2012

Human rights at your fingertips

13 Principles relating to
the Status of National Institutions (Paris Principles)

Adopted by General Assembly resolution 48/134 20 December 1993.

Competence and responsibilities

1. A national institution shall be vested with competence to promote and
protect human rights.

2. A national institution shall be given as broad a mandate as possible,
which shall be clearly set forth in a constitutional or legislative text,
specifying its composition and its sphere of competence.

3. A national institution shall, inter alia, have the following

(a) To submit to the Government, Parliament and any other competent body, on
an advisory basis either at the request of the authorities concerned or through
the exercise of its power to hear a matter without higher referral, opinions,
recommendations, proposals and reports on any matters concerning the promotion
and protection of human rights; the national institution may decide to publicize
them; these opinions, recommendations, proposals and reports, as well as any
prerogative of the national institution, shall relate to the following

(i) Any legislative or administrative provisions, as well as provisions
relating to judicial organizations, intended to preserve and extend the
protection of human rights; in that connection, the national institution shall
examine the legislation and administrative provisions in force, as well as bills
and proposals, and shall make such recommendations as it deems appropriate in
order to ensure that these provisions conform to the fundamental principles of
human rights; it shall, if necessary, recommend the adoption of new legislation,
the amendment of legislation in force and the adoption or amendment of
administrative measures;

(ii) Any situation of violation of human rights which it decides to take

(iii) The preparation of reports on the national situation with regard to
human rights in general, and on more specific matters;

(iv) Drawing the attention of the Government to situations in any part of the
country where human rights are violated and making proposals to it for
initiatives to put an end to such situations and, where necessary, expressing an
opinion on the positions and reactions of the Government;

(b) To promote and ensure the harmonization of national legislation,
regulations and practices with the international human rights instruments to
which the State is a party, and their effective implementation;

(c) To encourage ratification of the above-mentioned instruments or accession
to those instruments, and to ensure their implementation;

(d) To contribute to the reports which States are required to submit to
United Nations bodies and committees, and to regional institutions, pursuant to
their treaty obligations and, where necessary, to express an opinion on the
subject, with due respect for their independence;

(e) To cooperate with the United Nations and any other organization in the
United Nations system, the regional institutions and the national institutions
of other countries that are competent in the areas of the protection and
promotion of human rights;

(f) To assist in the formulation of programmes for the teaching of, and
research into, human rights and to take part in their execution in schools,
universities and professional circles;

(g) To publicize human rights and efforts to combat all forms of
discrimination, in particular racial discrimination, by increasing public
awareness, especially through information and education and by making use of all
press organs.

Composition and guarantees of independence and pluralism

1. The composition of the national institution and the appointment of its
members, whether by means of an election or otherwise, shall be established in
accordance with a procedure which affords all necessary guarantees to ensure the
pluralist representation of the social forces (of civilian society) involved in
the protection and promotion of human rights, particularly by powers which will
enable effective cooperation to be established with, or through the presence of,
representatives of:

(a) Non-governmental organizations responsible for human rights and efforts
to combat racial discrimination, trade unions, concerned social and professional
organizations, for example, associations of lawyers, doctors, journalists and
eminent scientists;

(b) Trends in philosophical or religious thought;

(c) Universities and qualified experts;

(d) Parliament;

(e) Government departments (if these are included, their representatives
should participate in the deliberations only in an advisory capacity).

2. The national institution shall have an infrastructure which is suited to
the smooth conduct of its activities, in particular adequate funding. The
purpose of this funding should be to enable it to have its own staff and
premises, in order to be independent of the Government and not be subject to
financial control which might affect its independence.

3. In order to ensure a stable mandate for the members of the national
institution, without which there can be no real independence, their appointment
shall be effected by an official act which shall establish the specific duration
of the mandate. This mandate may be renewable, provided that the pluralism of
the institution’s membership is ensured.

Methods of operation

Within the framework of its operation, the national institution shall:

(a) Freely consider any questions falling within its competence, whether they
are submitted by the Government or taken up by it without referral to a higher
authority, on the proposal of its members or of any petitioner,

(b) Hear any person and obtain any information and any documents necessary
for assessing situations falling within its competence;

(c) Address public opinion directly or through any press organ, particularly
in order to publicize its opinions and recommendations;

(d) Meet on a regular basis and whenever necessary in the presence of all its
members after they have been duly concerned;

(e) Establish working groups from among its members as necessary, and set up
local or regional sections to assist it in discharging its functions;

(f) Maintain consultation with the other bodies, whether jurisdictional or
otherwise, responsible for the promotion and protection of human rights (in
particular, ombudsmen, mediators and similar institutions);

(g) In view of the fundamental role played by the non-governmental
organizations in expanding the work of the national institutions, develop
relations with the non-governmental organizations devoted to promoting and
protecting human rights, to economic and social development, to combating
racism, to protecting particularly vulnerable groups (especially children,
migrant workers, refugees, physically and mentally disabled persons) or to
specialized areas.

Additional principles concerning the status of commissions with
quasi-jurisdictional competence

A national institution may be authorized to hear and consider complaints and
petitions concerning individual situations. Cases may be brought before it by
individuals, their representatives, third parties, non-governmental
organizations, associations of trade unions or any other representative
organizations. In such circumstances, and without prejudice to the principles
stated above concerning the other powers of the commissions, the functions
entrusted to them may be based on the following principles:

(a) Seeking an amicable settlement through conciliation or, within the limits
prescribed by the law, through binding decisions or, where necessary, on the
basis of confidentiality;

(b) Informing the party who filed the petition of his rights, in particular
the remedies available to him, and promoting his access to them;

(c) Hearing any complaints or petitions or transmitting them to any other
competent authority within the limits prescribed by the law;

(d) Making recommendations to the competent authorities, especially by
proposing amendments or reforms of the laws, regulations and administrative
practices, especially if they have created the difficulties encountered by the
persons filing the petitions in order to assert their rights.