Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions
Chapter 6:
Promoting reform of law,
policy and practice
KEY QUESTIONS
• What are some of the key human rights issues facing migrant workers?
• What type of reforms to law, policy and practice can NHRIs promote to
better protect the rights of migrant workers?
• How can NHRIs engage with different stakeholders to develop and
promote effective policy and practice?
BASIS FOR NHRI INVOLVEMENT
Paris Principles
Competence and responsibilities
3. A national institution shall, inter alia, have the following responsibilities:
(a) To submit to the Government, Parliament and any other competent
body, on an advisory basis either at the request of the authorities
concerned or through the exercise of it a power to hear a matter without any referral,
opinions, recommendations, proposals and reports on any matters concerning the
protection and promotion of human rights. The national institution may decide to
publicize them. These opinions, recommendations, proposals and reports as well as any
prerogative of the national institution, shall relate to the following areas:
(i) Any legislative or administrative provisions, as well as provisions relating to the
judicial organization, intended to preserve and extend the protection of human
rights. In that connection, the national institution shall examine the legislation and
administrative provisions in force, as well as bills and proposals, and shall make such
recommendations as it deems appropriate in order to ensure that these provisions
conform to the fundamental principles of human rights. It shall, if necessary,
recommend the adoption of new legislation, the amendment of legislation in force
and the adoption or amendment of administrative measures;
(iii) The preparation of reports on the national situation with regard to human rights in
general, and on more specific matters;
(iv) Drawing the attention of the Government to situations in any part of the country
where human rights are violated and making proposals to it for initiatives to put an
end to such situations and, where necessary, expressing an opinion on the positions
and reactions of the Government;
(b) To promote and ensure the harmonization of national legislation, regulations and
practices with the international human rights instruments to which the State is a party,
and their effective implementation;
(c) To encourage ratification of the above-mentioned instruments or accession to those
instruments, and to ensure their implementation.
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