Referencing a general requirement that the process ‘ensures pluralism’, General Observation 1.8 also explains that the NHRI selection and appointment process should include requirements to: a) b) c) d) e) Publicize vacancies broadly; Maximize the number of potential candidates from a wide range of societal groups; Promote broad consultation and/or participation in the application, screening, selection and appointment process; Assess applicants on the basis of pre-determined, objective and publicly available criteria; and Select members to serve in their own individual capacity rather than on behalf of the organization they represent.24 In the same manner as General Observation 1.7, General Observation 1.8 does not expressly address gender diversity and representation in the selection and appointment process, but refers to pluralism more broadly. In practice at the SCA there is a notably strong focus on the requirement to promote ‘broad consultation and/or participation’ in the selection process, especially among civil society organisations (‘CSOs’),25 although this rarely covers considerations of gender or consultations with CSOs that focus on gender-related human rights. The SCA’s main lever to address gender diversity under the General Observations is to recommend structural mechanisms that support the participation and representation of women in the leadership of the NHRI. For human rights commissions and other NHRI types with multiplemember decision-making bodies, this will ordinarily include measures in law or policy that actively support the representation of women on the decision-making body. For all NHRIs, the SCA will also consider whether the criteria for appointment may inadvertently or indirectly discriminate against prospective female candidates. On criteria for appointment to the NHRI, the SCA has expressed concern on multiple occasions with a requirement that a commissioner or Ombudsperson be a former judge or senior legal practitioner, especially in contexts where there is a legacy of gender discrimination or limited representation of women in the legal profession or judiciary. In its November 2016 review of the NHRI of India, the SCA remarked that: the [statutory] requirement that the Chair be a former Chief Justice of the Supreme Court and the majority of members be recruited from the senior judiciary severely restricts the potential pool of candidates, particularly as it relates to the representation of women in the governing body of the [National Human Rights Commission]. 26 The SCA formed the same opinion in its March 2019 review of the NHRI of Ghana, noting that ‘eligibility for appointment as Commissioner or Deputy Commissioner is restricted to lawyers, which may unduly restrict the diversity of the [Commission on Human Rights and Administrative Justice]’.27 This approach presents a particular challenge for NHRIs with leadership positions that have prescribed legal or judicial functions under their enabling legislation, as is the case with the 24 General Observations (n 16) 22. See, eg, October 2021 SCA Report (n 34) 13 (Mongolia). 26 Global Alliance of National Human Rights Institutions, Subcommittee on Accreditation, Report and Recommendations of the Session of the Sub-Committee on Accreditation, Geneva, 14-18 November 2026 < https://www.ohchr.org/sites/default/files/Documents/Countries/NHRI/GANHRI/SCA_Final_Report_-_Nov_2016__English.pdf> (‘November 2016 SCA Report’) 24. 27 Global Alliance of National Human Rights Institutions, Subcommittee on Accreditation, Report and Recommendations of the Session of the Sub-Committee on Accreditation, Geneva, 17-21 March 2014 < https://www.ohchr.org/sites/default/files/Documents/Countries/NHRI/GANHRI/SCA_MARCH_2014_FINAL_REPORT__ENGLISH.pdf> (‘March 2014 SCA Report’) 12. Note that the SCA reiterated the same position to the Ghanaian NHRI in 2019: Global Alliance of National Human Rights Institutions, Subcommittee on Accreditation, Report and Recommendations of the Session of the Sub-Committee on Accreditation, Geneva, 11-15 March 2019 < https://www.ohchr.org/sites/default/files/Documents/Countries/NHRI/GANHRI/SCA_Report_March_2019_-_EN_.pdf> (‘March 2019 SCA Report’) 23. 25 6 Gender Equality and the Paris Principles