1-3. 국제인권문서의 비준 또는 가입 장려
1-3. Encouraging Ratification or Accession to International Human Rights Instruments
채택일 2018. 2. 21.
G.O. 1.3 Encouraging ratification or accession to international human rights instruments
Encouraging ratification of, or accession to international human rights instruments, and the effective implementation of international human rights instruments to which the state is a party, is a key function of an NHRI. The Paris Principles further prescribe that NHRIs should promote and encourage the harmonization of national legislation, regulations and practices with these instruments. The SCA considers it important that these duties form an integral part of the enabling legislation of an NHRI. In fulfilling this function, the NHRI is encouraged to undertake activities which may include the following:
- monitoring developments in international human rights law;
- promoting state participation in advocacy for and the drafting of international human rights instruments; and
- conducting assessments of domestic compliance with and reporting on international human rights obligations, for example, through annual and special reports and participation in the Universal Periodic Review process.
NHRIs should, in encouraging their governments to ratify international human rights instruments, advocate that this be done without reservations.
JUSTIFICATION
Sections A.3(b) and (c) of the Paris Principles require that NHRIs have the responsibility 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”. Additionally, the NHRI has the responsibility “to encourage ratification of [these] instruments or accession to those instruments, and to ensure their implementation”.
In practice this requires NHRIs to review relevant national laws, regulations and policies to determine that they are compatible with the obligations arising from international human rights standards and propose the amendment or repeal of any legislation, regulations or policies that are inconsistent with the requirements of these standards. The SCA is of the view that the NHRI should be legislatively empowered to carry out these responsibilities.
The SCA notes the distinction between the state’s own monitoring obligations as required by these instruments and the distinct role played by the NHRI in monitoring the state’s compliance and progress towards implementing the instruments it ratifies. Where the NHRI undertakes to carry out its own activities in promoting and protecting the rights contained therein, it shall do so in an entirely autonomous fashion. This does not preclude the NHRI from undertaking joint action with the state on certain activities, such as reviewing compliance of existing domestic legislation and regulations with international human rights instruments.
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