under the Paris Principles to also include the representation of other vulnerable and marginalised
groups. General Observation 1.7 explains that:
Pluralism refers to broader representation of national society. Consideration must be given to ensuring
pluralism in the context of gender, ethnicity or minority status. This includes, for example, ensuring the
equitable participation of women in the NHRI.19
General Observation 1.7 does not prescribe any particular structural or practical mechanism for
an NHRI to address the pluralism requirements of the Paris Principles, noting rather that there are
‘diverse models for ensuring the requirement of pluralism in the composition of the NHRIs’.20 This
is due, in part, to the various models of NHRI that are permitted under the Paris Principles, including
Ombudsperson bodies or other single-member NHRIs.21 For these NHRIs, it would not be possible
to have a diverse composition of its leadership body with an equitable proportion of women
members. Allowing for some flexibility of application, General Observation 1.7 provides some
examples of different measures that support pluralism under the Paris Principles:
a)
b)
c)
d)
Members of the decision-making body represent different segments of society as referred to in the
Paris Principles. Criteria for membership of the decision-making body should be legislatively
established, be made publicly available and subject to consultation with all stakeholders, including
civil society. Criteria that may unduly narrow and restrict the diversity and plurality of the
composition of the NHRI’s membership should be avoided;
Pluralism through the appointment procedures of the governing body of the NHRIs for example,
where diverse societal groups suggest or recommend candidates;
Pluralism through procedures enabling effective cooperation with diverse societal groups, for
example advisory committees, networks, consultations or public forums; or
Pluralism through staff that are representative of the diverse segments of society. This is particularly
relevant for single member NHRIs, such as an Ombudsperson. 22
The above should be considered as a non-exhaustive list of the mechanisms and practices
considered by the SCA and will also be applied in the context of pluralism more broadly, not only
in support of gender representation and diversity. These examples are also structural and
procedural mechanisms, indicating that the SCA does not consider the quality or thematic focus
of an NHRI’s substantive programs when reviewing compliance with the pluralism standards of the
Paris Principles. There are some exceptions to this approach, which will be addressed in further
detail below.
Gender representation in NHRI leadership
The criteria and process for the appointment to the decision-making body of the NHRI are critical
measures to support gender diversity and representation in the NHRI under the Paris Principles.
General Observation 1.8 on the Selection and appointment of the decision-making body of NHRIs
establishes standards for the appointment of NHRI leadership that include aspects relevant to
gender diversity and representation. While the NHRI ‘decision-making body’ is not defined in the
Paris Principles or General Observations, the SCA considers this to be the individual or group of
NHRI leadership appointed under the institution’s enabling law and authorised to represent and
make decisions on behalf of the institution. This includes, for instance, a board of commissioners
at a human rights commission, or the Ombudsperson or Defensor at a single-member NHRI.23
19
General Observations (n 16) 20.
Ibid.
21
For an in-depth discussion on the different models of NHRI, see A Manual on National Human Rights Institutions (Asia
Pacific Forum on National Human Rights Institutions, 2018) 29-34, 66.
22
General Observations (n 16), 20.
23
The SCA has also considered the deputies of an Ombudsman to be part of the ‘decision-making body’ and thus
subject to the requirement to ensure pluralism in NHRI leadership: March 2022 SCA Report (n 37) 39-40 (El Salvador).
20
Gender Equality and the Paris Principles
5