Undertaking Effective Investigations A Guide for National Human Rights Institutions Chapter 4: Identifying the issues and deciding whether to investigate KEY QUESTIONS • What is the importance of identifying the issues? • Having identified the issues, what considerations apply to deciding whether or not to undertake an investigation? 1. INTRODUCTION Before the NHRI launches an investigation, it should decide exactly what it is, and what it is not, investigating. As the NHRI reviews a complaint or another matter that has been drawn to its attention, the first thing it should do is to identify the human rights issue(s) involved. That may involve seeking clarification directly from the complainant and/or other sources, as well as undertaking some background research. Once that is done, it should decide as quickly as possible: • Do the issues fall within the NHRI’s mandate? • How will they be framed? • What will be investigated? • What will not be investigated? Hopefully, the NHRI will have some discretion in deciding what it is able to investigate and how to frame the issue(s) to be investigated. Some investigative agencies do not have that luxury. A human rights approach can be a useful tool to guide this assessment: • What are the relevant human rights involved? • How do they link with the human rights standards as set out in relevant human rights covenants and conventions? • How to balance these rights to maximise respect for all rights and rights-holders, where necessary prioritising those of the most vulnerable? • How to ensure that those affected can equitably participate in the investigation process?23 This approach will guide NHRIs to consider the rights of those most vulnerable – such as women and girls; those with diverse sex characteristics, sexualities and gender identities; persons with disabilities; indigenous people – when considering whether and how to investigate The Scottish Human Rights Commission has developed the FAIR approach for applying the standards and principles of human rights in practice.24 28 23 New Zealand Human Rights Commission adaptation of the Human Rights Approach: www.hrc.co.nz/files/4814/2408/5448/ Human_Rights_Approach_Poster.pdf. 24 Scottish Human Rights Commission FAIR approach: http://eqhria.scottishhumanrights.com/eqhriatrainingfair.html.