CHAPTER THREE
Advisory Opinion Submitted from the National Institution for Human
Rights (NIHR) to the Constitutional Authorities
Preamble & Segmentation
Advocating for the ratification or accession to international and regional
conventions, and ensuring it is implemented effectively, is a main task entrusted
to national institutions for human rights. It is not confined to that but extends to
show the extent of compliance of the state party of its regional and international
obligations emanating from ratification or accession, as well as proposing
legislation or systems or practices of amending existing ones in accordance with
relevant international and regional standards.1
Reverting to the provisions of Law No. (26) of 2014 establishing the National
Institution for Human Rights (NIHR), Paragraph (b) of Article (12) stated that the
NIHR is designated “To examine legislation and regulations enforced in the
Kingdom which are related to human rights, and recommend amendments
as it deems fit, particularly in connection with the consistency of such
regulations with the Kingdom's international obligations in the human
rights field. The NIHR shall be empowered to recommend enacting new
legislation related to human rights”, as these tasks interpret the “Paris
Principles” and the general observations of the GANHRI Sub-Committee for
Accreditation (SCA).
To activate these tasks, the NIHR presented its opinion on a number of incoming
requests regarding the draft laws referred to it by the Shura Council and the
Council of Representatives. The number of opinions submitted to the Shura
Council were only one (1), whereas the number of opinions submitted to the
Council of Representatives reached (12) ones.
Thus, this chapter will demonstrate the advisory opinions that the NIHR has
submitted to the constitutional authorities along two topics: the first topic presents
opinions referred to the Shura Council, and the second topic covers the opinions
referred to the Council of Representatives, touching upon issues that infringes or
have direct impact on human rights and basic freedoms, taking into account the
provisions of the Constitution, and relevant international and regional conventions
and standards,
1
Paris Principles Relating to the Status of National Institutions for the Promotion and Protection of
Human Rights - Terms of Reference and Responsibilities - Paragraph (3) p. 5 / General Note (1-3)
Encouraging ratification of or accession to international human rights instruments - p. 91.
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