국가인권기구의 지위에 관한 원칙(파리원칙)
Principles relating to the Status of National Institutions (The Paris Principles)
채택일 1993. 12. 20.
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 forthin a constitutional or legislative text, specifying its composition and its sphere of competence.
3. A national institution shall, inter alia, have the following responsibilities:
(a) To submit to the Government, Parliament and any other competent body, on an advisory basiseither at the request of the authorities concerned or through the exercise of its power to hear a matterwithout higher referral, opinions, recommendations, proposals and reports on any matters concerningthe 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 nationalinstitution, shall relate to the following areas:
(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 nationalinstitution shall examine the legislation and administrative provisions in force, as well as bills andproposals, and shall make such recommendations as it deems appropriate in order to ensure thatthese 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 oramendment of administrative measures;
(ii) Any situation of violation of human rights which it decides to take up;
(iii) The preparation of reports on the national situation with regard to human rights in general, and onmore specific matters;
(iv) Drawing the attention of the Government to situations in any part of the country where humanrights 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 withthe international human rights instruments to which the State is a party, and their effectiveimplementation;
(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 andcommittees, and to regional institutions, pursuant to their treaty obligations and, where necessary, toexpress an opinion on the subject, with due respect for their independence;
(e) To cooperate with the United Nations and any other orgnization in the United Nations system, theregional institutions and the national institutions of other countries that are competent in the areas ofthe protection and promotion of human rights;
(f) To assist in the formulation of programmes for the teaching of, and research into, human rightsand 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 racialdiscrimination, by increasing public awareness, especially through information and education and bymaking 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 meansof an election or otherwise, shall be established in accordance with a procedure which affords allnecessary 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 enableeffective cooperation to be established with, or through the presence of, representatives of:
(a) Non-governmental organizations responsible for human rights and efforts to combat racialdiscrimination, 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 thedeliberations only in an advisory capacity).
2. The national institution shall have an infrastructure which is suited to the smooth conduct of itsactivities, in particular adequate funding. The purpose of this funding should be to enable it to have itsown staff and premises, in order to be independent of the Government and not be subject to financialcontrol which might affect its independence.
3. In order to ensure a stable mandate for the members of the national institution, without which therecan be no real independence, their appointment shall be effected by an official act which shall establishthe specific duration of the mandate. This mandate may be renewable, provided that the pluralism ofthe 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 theGovernment or taken up by it without referral to a higher authority, on the proposal of its members orof any petitioner,
(b) Hear any person and obtain any information and any documents necessary for assessingsituations falling within its competence;
(c) Address public opinion directly or through any press organ, particularly in order to publicize itsopinions and recommendations;
(d) Meet on a regular basis and whenever necessary in the presence of all its members after theyhave been duly concerned;
(e) Establish working groups from among its members as necessary, and set up local or regionalsections to assist it in discharging its functions;
(f) Maintain consultation with the other bodies, whether jurisdictional or otherwise, responsible forthe promotion and protection of human rights (in particular, ombudsmen, mediators and similarinstitutions);
(g) In view of the fundamental role played by the non-governmental organizations in expanding thework of the national institutions, develop relations with the non-governmental organizations devoted topromoting and protecting human rights, to economic and social development, to combating racism, toprotecting particularly vulnerable groups (especially children, migrant workers, refugees, physicallyand mentally disabled persons) or to specialized areas.
Additional principles concerning the status of commissionswith quasi-jurisdictional competence
A national institution may be authorized to hear and consider complaints and petitions concerningindividual situations. Cases may be brought before it by individuals, their representatives, thirdparties, non-governmental organizations, associations of trade unions or any other representativeorganizations. In such circumstances, and without prejudice to the principles stated above concerningthe other powers of the commissions, the functions entrusted to them may be based on the followingprinciples:
(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 tohim, and promoting his access to them;
(c) Hearing any complaints or petitions or transmitting them to any other competent authority withinthe limits prescribed by the law;
(d) Making recommendations to the competent authorities, especially by proposing amendments orreforms of the laws, regulations and administrative practices, especially if they have created thedifficulties encountered by the persons filing the petitions in order to assert their rights.
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