Part I NHRIs and the Paris Principles The relationships between NHRIs and other State institutions should be based on mutual respect for the constitutional roles of each. NHRIs cannot direct parliaments or interfere in the parliamentary process. They can advise on existing and proposed legislation and make submissions to parliamentary inquiries but they cannot invalidate legislation or call members of parliament to account for the performance of their parliamentary duties. This is a fundamental principle of democracy. Similarly NHRIs cannot overrule the courts. They can appear before the courts to argue cases and to act as a “friend of the court” (amicus curiae) and they can comment on judicial decisions where appropriate. However, they cannot overrule judicial decisions and impose their own views in the place of the decisions of courts that have heard cases. This is a fundamental principle of the rule of law. KEY POINTS: CHAPTER 2 • NHRIs are defined as 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 governmental and non-governmental. They comply with the international minimum standards for NHRIs set out in the Paris Principles. • NHRIs are not NGOs. • NHRIs are unique State institutions, different from parliaments and governments. • NHRIs are also different from courts, complementing courts and the roles of courts in the promotion and protection of human rights. Chapter 2: The nature and concept of NHRIs | 15