Part I NHRIs and the Paris Principles Chapter 2: The nature and concept of NHRIs KEY QUESTIONS • What are NHRIs? • In what ways are NHRIs, as State institutions, different from other State institutions? • What are the similarities and difference between NHRIs and courts? 2.1. DEFINING NHRIs NHRIs are far more often described than defined. Attempts at definition are few and often somewhat general. “National human rights institution” is a hybrid category and includes many varieties within it … it is a quasi-governmental or statutory institution with human rights in its mandate.32 The Paris workshop of 1991, at which the Paris Principles were negotiated and adopted, was even more general, reflecting the broad composition of participants. [A] national institution must be a body, an authority or an organization performing general and specific functions in the protection and promotion of human rights.33 The UN offers a short definition: National human rights institutions are State bodies with a constitutional and/or legislative mandate to protect and promote human rights. They are part of the State apparatus and are funded by the State.34 Elsewhere, the UN has said: An NHRI in compliance with the Paris Principles is one that has a broad responsibility to promote and protect human rights, and that can act independently from the Government, including in coming to opinions and decisions on human rights matters within its jurisdiction and publicizing them.35 This manual defines NHRIs similarly to the UN but includes specific reference to minimum international standards, including their statutory independence. NHRIs are official independent legal institutions established by the State by law for the promotion and protection of human rights. They are established by the constitution or an act of the legislature that guarantees their independence from political direction and political interference, both 32 International Council on Human Rights Policy, Performance and legitimacy: national human rights institutions, 2000, p. 3. 33 Paris workshop recommendation, PP 2, E/CN.4/1992/43, p. 45. 34 OHCHR, National Human Rights Institutions: History, Principles, Roles and Responsibilities, Professional Training Series No. 4 (Rev. 1), 2010, p. 13. 35 Ibid, p. 164. Chapter 2: The nature and concept of NHRIs | 11

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