A Manual on National Human Rights Institutions
competence”.88 They shall “develop relations with the non-government organizations devoted to
promoting and protecting human rights … to protecting particularly vulnerable groups (especially
children, migrant workers, refugees, physically and mentally disabled persons) or to specialized areas”.89
The provisions for NHRIs with quasi-judicial competence also reflect the concern for accessibility. They
require that NHRIs be able to hear and consider complaints not only from the victims themselves but
also from “their representatives, third parties, non-governmental organizations, associations of trade
unions or any other representative organizations”.90
International human rights law provides that victims of human rights violations are entitled to a remedy
to which they have “equal and effective access”.91 As providers of remedies, NHRIs must ensure that
they are accessible to victims on an “equal and effective” basis.
The SCA has commented on the issue of accessibility in the context of funding for NHRIs.
Provision of adequate funding by the State should, as a minimum, include the following:
(a) the allocation of funds for premises which are accessible to the wider community, including
for persons with disabilities. In certain circumstances, in order to promote independence and
accessibility, this may require that offices are not co-located with other government agencies.
Where possible, accessibility should be further enhanced by establishing a permanent regional
presence.92
NHRIs must be accessible to everyone. They must have a particular regard for victims of violations,
especially those victims who have difficulty in accessing State institutions for assistance.93 Victims will
have particular difficulties in accessing NHRIs if:
• they are poor
• they live in remote areas of the country
• they are poorly educated
• they have a disability
• they are young or old
• they are female
• they are part of a cultural, ethnic, linguistic, religious or indigenous minority group
• they are lesbian, gay, bisexual, transgender or intersex
• they are not documented for official purposes; for example, they do not have birth certificates or
other proof of citizenship, do not have residential registration where required, are stateless or are
undocumented migrants.
In short, any person who is a victim of human rights violation or at risk of human rights violation may
encounter accessibility issues. NHRIs are required to take positive steps to ensure “equal and effective
access”. These steps can include:
• not imposing fees on filing complaints and cases
• providing legal advice and assistance to victims filing complaints and cases
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88
Paris Principles, ‘Methods of operation’, para. (b).
89
Paris Principles, ‘Methods of operation’, para. (g).
90
Paris Principles, ‘Additional principles concerning the status of commissions with quasi-jurisdictional competence’.
91
Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human
Rights Law and Serious Violations of International Humanitarian Law, Article 11. See also International Covenant on Civil and
Political Rights, Article 2(3).
92
GANHRI SCA General Observations as adopted in Geneva in May 2013, GO 1.10.
93
See chapter 20 of this manual for further discussion of NHRIs’ relationship with vulnerable groups.