A Commentary on the Paris Principles on National Human Rights Institutions

Author(s):  
Gauthier De Beco ◽  
Rachel Murray
2007 ◽  
Vol 25 (2) ◽  
pp. 189-220 ◽  
Author(s):  
Rachel Murray

This article seeks to examine how useful the Paris Principles are in assessing the effectiveness of National Human Rights Institutions. It will argue that while they are an appropriate starting point, they focus more on factors relevant to the establishment of such bodies, rather than how they perform once created and how they are perceived by others. Some greater thought now needs to be given to a variety of issues that render these institutions effective and to question some of the underlying presumptions on which the Paris Principles are based.


2021 ◽  
pp. 174-187
Author(s):  
Gauthier de Beco

This chapter concerns the role of independent mechanisms. It explains what national human rights institutions (NHRIs) are as well as the fundamental principles that should guide these institutions as set out in the Paris Principles. It then examines the requirement to set up a ‘framework including one or more independent mechanism’ in accordance with the CRPD as well as the way in which such mechanisms relate to the said Principles and all the possibilities open to States Parties regarding this framework. It finishes by exploring what the reference to the Paris Principles has come to mean for NHRIs and what the Convention reveals in the field of international human rights law through its elaborate monitoring system.


2016 ◽  
Vol 70 (3) ◽  
pp. 587-621 ◽  
Author(s):  
Katerina Linos ◽  
Tom Pegram

AbstractTo reach agreement, international negotiators often compromise by using flexible language: they make controversial provisions vague, or add options and caveats. Does flexibility in agreement language influence subsequent state behavior? If so, do states follow both firm and flexible language somewhat, as negotiators hope? Or do governments respond strategically, increasing their energies on firmly specified tasks, and reducing their efforts on flexibly specified ones? Testing theories about agreement language is difficult because states often reserve flexible language for controversial provisions. To make causal claims, we study an unusually drafted agreement in which states had almost no opportunity to dilute agreement language. We examine the influence of the 1991 Paris Principles on the Design of National Human Rights Institutions (NHRIs), using an original data set of twenty-two institutional safeguards of NHRIs in 107 countries, and case studies. We find that variations in agreement language can have large effects on state behavior, even when the entire agreement is nonbinding. Both democracies and authoritarian states followed the principles' firm terms closely. However, authoritarian states either ignored or reduced their efforts on flexibly specified tasks. If flexibly specifying a task is no different from omitting it altogether, as our data suggest, the costs of compromise are much greater than previously believed.


2011 ◽  
Vol 80 (2) ◽  
pp. 143-192 ◽  
Author(s):  
Meg Brodie

AbstractThe International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC) is responsible for accrediting independent, broadly mandated, national human rights institutions (NHRIs). The relevant international standards used to accredit NHRIs are the Paris Principles. In this role, the ICC has facilitated the progressive socialisation of Paris Principles norms. Members define and redefine their collective identity in light of the norms, causing the boundaries of membership to shift. The ICC has evolved from a representative, inclusive community of NHRIs to one that emphasises its regulatory role. This has implications for existing members and new applicants, such as Sweden, which must now demonstrate their compliance with more robustly applied standards. The progression of norm socialisation relies on the ICC's willingness to maintain the legitimacy of the rules through their coherent application and interpretation.


Author(s):  
Emilie M. Hafner-Burton

In the last six decades, one of the most striking developments in international law is the emergence of a massive body of legal norms and procedures aimed at protecting human rights. In many countries, though, there is little relationship between international law and the actual protection of human rights on the ground. This book takes a fresh look at why it's been so hard for international law to have much impact in parts of the world where human rights are most at risk. The book argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights “stewards” can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions. To date, promoters of international human rights law have relied too heavily on setting universal goals and procedures and not enough on assessing what actually works and setting priorities. This book illustrates how, with a different strategy, human rights stewards can make international law more effective and also safeguard human rights for more of the world population.


Author(s):  
John Mubangizi

That National Human Rights Institutions (NHRIs) play an important role in the protection and promotion of human rights is a well-known fact. This has been widely acknowledged by the United Nations (UN). Also well-known is the fact that several African countries have enacted new constitutions during the last two to three decades. One of the most salient features of those new constitutions is that they establish NHRIs, among other things. Given their unique role and mandate, these NHRIs can and do play an important role in the realisation of the sustainable development goals contained in the UN 2030 Agenda for Sustainable Development. Adopting a case study approach, this article explores the role NHRIs have played in the promotion and protection of human rights in selected African countries and implications for sustainable development in those countries. The main argument is that there are several lessons African countries can learn from each other on how their NHRIs can more meaningfully play that role. Accordingly, best practice and comparative lessons are identified and it is recommended that NHRIs can contribute to sustainable development more meaningfully if they can make themselves more relevant, credible, legitimate, efficient and effective.


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