A Manual on National Human Rights Institutions Table 1: Comparing courts and NHRIs 14 Courts NHRIs Establishment By constitution or act of parliament By constitution or act of parliament Appointment Through an executive or legislative or mixed process Through an executive or legislative or mixed process Funding Through the ordinary budgetary processes of the State Through the ordinary budgetary processes of the State, with the possibility of additional funding from international donors Powers Provide binding, enforceable decisions Usually make recommendations Accessibility Difficult for ordinary people due to expense, formality and language Easily accessible, informal, cost free Law Apply whatever the domestic law is Apply international human rights law Scope Broad coverage of wide areas of law, usually resulting in little human rights expertise Human rights specialists and strong human rights expertise Jurisdiction Dependent on cases coming before them Able to initiate investigations and inquiries by its own decision Investigation Little or no independent power of investigation in most systems Wide and strong powers of investigation Hearing Conduct hearings with strict formality and rules, including rules relating to parties, representation, procedure and admissibility of evidence Conduct hearings with a minimum of formality and procedure, consistent with the requirements of natural justice Research Limited to interpretation of law Unlimited range of research functions relating to human rights Policy development No policy development function Unlimited policy development function relating to human rights Education No educational or human rights promotion role Wide and strong functions of human rights education and promotion Collaboration Work in a detached way, sitting in judgement Engaged and collaborative working relationships with other institutions and NGOs Economic, social and cultural rights Limited ability and expertise to deal with economic, social and cultural rights Expertise in and suitable functions to deal with economic, social and cultural rights Remedies Give remedies only between the parties to cases before them Able to take a broad systemic approach to violations and make recommendations to a wide range of institutions and persons Limited range of remedies Unlimited range of types of recommendation and of matters on which recommendations can be made, including legislation, government policies and programs