Part I NHRIs and the Paris Principles Full compliance with the formal requirements of the Paris Principles does not guarantee the independence of an NHRI. Full compliance is essential but it is not enough. Only independent thinking throughout the institution will ensure true independence. 3.3.7. Limitations on independence Parliaments and governments have constitutional roles in relation to the law, statutory appointments and budgetary allocations. They can exercise these roles in ways that affect the independence of NHRIs. These roles are legitimate restrictions on the independence of NHRIs. NHRIs cannot make law, appoint their own members and determine their own budgets. Although NHRIs may have proper roles in respect of each, ultimate responsibility for law, appointments and budgets lies elsewhere within the constitutional system. It is important, therefore, to maximise the independence of NHRIs that the laws establishing them are good and processes for appointments and budgeting are transparent and inclusive.63 3.4. OTHER REQUIREMENTS 3.4.1. Pluralism64 The Paris Principles require that the composition of NHRIs “ensure the pluralist representation of the social forces (of civilian society) involved in the promotion and protection of human rights”.65 These “social forces” include • NGOs responsible for human rights and efforts to combat racial discrimination • trade unions • concerned social and professional organisations; for example, associations of lawyers, doctors, journalists and eminent scientists • trends in philosophical or religious thought • universities and qualified experts • parliament • government departments. 3.4.2. Broad mandate66 NHRIs have “competence to promote and protect human rights”.67 They must have “as broad a mandate as possible”.68 The Paris Principles do not define human rights or limit the definition of human rights. The term therefore must be given its ordinary meaning in international law as all those rights recognised in international law as human rights. NHRIs should not have their jurisdiction restricted to some human rights only or to those human rights that have domestic recognition or definition. The broadest possible mandate for human rights required by the Paris Principles includes all internationally recognised human rights. 63 See chapter 6 of this manual for further discussion of appointment processes and chapter 8 for further discussion of budgetary processes. 64 See chapter 7 of this manual for further discussion of the meaning of pluralism. 65 Paris Principles, ‘Composition and guarantees of independence and pluralism’, para. 1. See also GANHRI SCA General Observations as adopted in Geneva in May 2013, GO 1.7. 66 See chapter 9 of this manual for further discussion of the mandates of NHRIs. 67 Paris Principles, ‘Competence and responsibilities’, para. 1. 68 Paris Principles, ‘Competence and responsibilities’, para. 2. Chapter 3: The Paris Principles | 21

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