1-6. 국가인권기구의 권고
1-6. Recommendations by NHRIs
채택일 2018. 2. 21.
G.O. 1.6 Recommendations by NHRIs
Annual, special and thematic reports of NHRIs serve to highlight key national human rights concerns and provide a means by which these bodies can make recommendations to, and monitor respect for, human rights by public authorities.
NHRIs, as part of their mandate to promote and protect human rights, should undertake follow up action on recommendations contained in these reports and should publicize detailed information on the measures taken or not taken by public authorities in implementing specific recommendations or decisions.
In fulfilling its protection mandate, an NHRI must not only monitor, investigate and report on the human rights situation in the country, it should also undertake rigorous and systematic follow up activities to promote and advocate for the implementation on its recommendations and findings, and the protection of those whose rights were found to have been violated.
Public authorities are encouraged to respond to recommendations from NHRIs in a timely manner, and to provide detailed information on practical and systematic follow-up action, as appropriate, to the NHRI’s recommendations.
JUSTIFICATION
The Paris Principles are not only explicit in their direction that NHRIs have the responsibility to make recommendations to public authorities on improving the national human rights situation, but also that NHRIs ensure their recommendations are widely publicized. Specifically, section A.3(a) of the Paris Principles requires NHRIs to “submit to the Government, Parliament and any other competent body, […] recommendations […] on any matters concerning the promotion and protection of human rights”, and enumerates the three areas that these recommendations shall relate to:
1. The creation or amendment of any legislative or administrative provisions, including bills and proposals;
2. Any situation of violation of human rights within a state;
3. Human rights in general and on more specific matters.
In prescribing its methods of operation, section C(c) of the Paris Principles requires NHRIs to, “[…] publicize its opinions and recommendations”, “[…] directly or through any press organ […]”.
Finally, section D(d) of the Principles, requires NHRIs with quasi-judicial competence, that is, with the ability to hear and consider complaints, to: “mak[e] 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.”
The SCA is of the view that the three-fold reinforcement of the obligation to make and publicize recommendations is indicative that the drafters of the Paris Principles considered that NHRIs would be more effective when provided with the authority to monitor the extent to which public authorities follow their advice and recommendations. To give full effect to this principle, the SCA encourages governments to respond to advice and requests from NHRIs, and to indicate, within a reasonable time, how they have complied with their recommendations.
NHRIs should monitor the implementation of recommendations from annual and thematic reports, inquiries and other complaint handling processes.
참고 정보 링크 서비스
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