Part II: Preventing torture: NHRIs in action
Chapter 3:
Promoting legal and procedural reforms
KEY QUESTIONS
• What type of legal reforms should NHRIs promote in relation to
the prevention of torture?
• What fundamental legal and procedural safeguards should
NHRIs promote?
• What other detention procedures should NHRIs promote?
LEGAL BASIS FOR NHRI INVOLVEMENT
Paris Principles61
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 area:
(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
61
The complete text of the Principles relating to the status of national institutions for the promotion and protection of
human rights (commonly known as the “Paris Principles”) is available in the Further Readings section of the CD-Rom.
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