1-2. 인권 임무
1-2. Human Rights Mandate
채택일 2018. 2. 21.
G.O. 1.2 Human rights mandate
All NHRIs should be legislatively mandated with specific functions to both promote and protect human rights.
The SCA understands ‘promotion’ to include those functions which seek to create a society where human rights are more broadly understood and respected. Such functions may include education, training, advising, public outreach and advocacy. ‘Protection’ functions may be understood as those that address and seek to prevent actual human rights violations. Such functions include monitoring, inquiring, investigating and reporting on human rights violations, and may include individual complaint handling.
An NHRI’s mandate should be interpreted in a broad, liberal and purposive manner to promote a progressive definition of human rights which includes all rights set out in international, regional and domestic instruments, including economic, social and cultural rights. Specifically, the mandate should:
- extend to the acts and omissions of both the public and private sectors;
- vest the NHRI with the competence to freely address public opinion, raise public awareness on human rights issues and carry out education and training programs;
- provide the authority to address recommendations to public authorities, analyse the human rights situation in the country, and to obtain statements or documents in order to assess situations raising human rights issues;
- authorize unannounced and free access to inspect and examine any public premises, documents, equipment and assets without prior written notice;
- authorize the full investigation into all alleged human rights violations, including the military, police and security officers.
JUSTIFICATION
According to sections A.1 and A.2 of the Paris Principles, an NHRI should possess, “as broad a mandate as possible”, which is to be, “set forth in a constitutional or legislative text”, and should include both, “the promot[ion] and protect[ion] of human rights”. Section A.3 of the Paris Principles enumerates specific responsibilities the NHRI must, at a minimum, be vested with. These requirements identify two main issues which must necessarily be addressed in the establishment and operation of an NHRI:
(i) The mandate of the NHRI must be established in national law. This is necessary to guarantee the independence and autonomy with which an NHRI undertakes its activities in the fulfilment of its public mandate;
(ii) The NHRI’s mandate to both promote and protect human rights must be defined as broadly as possible so as to give the public the protection of a wide range of international human rights standards: civil; political; economic; cultural; and social. This gives effect to the principle that all rights are universal, indivisible, and interdependent.
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