Principles relating to the Status of National Institutions (The Paris Principles)
type: ValuesCredential
date: 19 December 1993
category: Human rights defenders & national institutions
category status: AutoAssigned
source: principles-relating-status-national-institutions-paris
comment: Re-sourced from authoritative OHCHR text; deontic + amendment layers pending.

Paragraph 1
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: Competence and responsibilities Composition and guarantees of independence and pluralism Methods of operation Additional principles concerning the status of commissions with quasi-jurisdictional competence Competence and responsibilities

Paragraph 2
type: Obligation
part of: Principles relating to the Status of National Institutions (The Paris Principles)
borne by: Agent
deontic status: HeuristicDerived
original text: 1. A national institution shall be vested with competence to promote and protect human rights.

Paragraph 3
type: Obligation
part of: Principles relating to the Status of National Institutions (The Paris Principles)
borne by: Agent
deontic status: HeuristicDerived
original text: 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.

Paragraph 4
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: 3. A national institution shall, inter alia, have the following responsibilities:

Paragraph 5
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: (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 areas:

Paragraph 6
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: (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;

Paragraph 7
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: (c) To encourage ratification of the above-mentioned instruments or accession to those instruments, and to ensure their implementation;

Paragraph 8
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: (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;

Paragraph 9
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: (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;

Paragraph 10
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: (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;

Paragraph 11
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: (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.

Paragraph 12
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: Composition and guarantees of independence and pluralism

Paragraph 13
type: Obligation
part of: Principles relating to the Status of National Institutions (The Paris Principles)
borne by: Agent
deontic status: HeuristicDerived
original text: 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:

Paragraph 14
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: (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;

Paragraph 15
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: (b) Trends in philosophical or religious thought;

Paragraph 16
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: (c) Universities and qualified experts;

Paragraph 17
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: (e) Government departments (if these are included, their representatives should participate in the deliberations only in an advisory capacity).

Paragraph 18
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: 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.

Paragraph 19
type: Obligation
part of: Principles relating to the Status of National Institutions (The Paris Principles)
borne by: Agent
deontic status: HeuristicDerived
original text: 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.

Paragraph 20
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: Within the framework of its operation, the national institution shall:

Paragraph 21
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: (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,

Paragraph 22
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: (b) Hear any person and obtain any information and any documents necessary for assessing situations falling within its competence;

Paragraph 23
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: (c) Address public opinion directly or through any press organ, particularly in order to publicize its opinions and recommendations;

Paragraph 24
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: (d) Meet on a regular basis and whenever necessary in the presence of all its members after they have been duly concerned;

Paragraph 25
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: (e) Establish working groups from among its members as necessary, and set up local or regional sections to assist it in discharging its functions;

Paragraph 26
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: (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);

Paragraph 27
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: (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.

Paragraph 28
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: Additional principles concerning the status of commissions with quasi-jurisdictional competence

Paragraph 29
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: 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:

Paragraph 30
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: (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;

Paragraph 31
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: (b) Informing the party who filed the petition of his rights, in particular the remedies available to him, and promoting his access to them;

Paragraph 32
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: (c) Hearing any complaints or petitions or transmitting them to any other competent authority within the limits prescribed by the law;

Paragraph 33
type: Undertaking
part of: Principles relating to the Status of National Institutions (The Paris Principles)
deontic status: HeuristicDerived
original text: (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.