Chapter II
Advisory Opinions Submitted by the National Institution for Human
Rights to the Constitutional Authorities(8)
Introduction
Encouraging the ratification of, or accession to, regional and international human rights instruments,
and ensuring their effective implementation, is one of the main functions of national human rights
institutions. Beyond that, it is necessary to assess the extent of compliance by the State party with its
regional and international obligations arising from ratification or accession, and propose or amend
legislation, regulations, or practices in a manner consistent with the relevant regional or international
standards(9).
By referring to the provisions of Law Number (26) of 2014 on the Establishment of the National
Institution for Human Rights, Article (12), Paragraph (b) thereof, stipulates that the NIHR is competent to
“examine legislation and regulations in force in the Kingdom related to human rights, and recommend
amendments as it deems suitable, particularly in connection with the consistency of such regulations
with the international human rights obligations of the Kingdom. The NIHR may also recommend the
adoption of new legislation related to human rights”.
Paragraph (c) of the same Article stipulates that the NIHR is competent to “explore the conformity of
legislative and regulatory provisions with regional and international treaties related to human
rights issues, and submit proposals and recommendations to the competent authorities
in any matter that may promote and protect human rights, including recommendations
to accede to regional and international conventions and treaties concerned with human
rights”. This sphere of competence reflects the contents and scope of the Paris Principles and the
general comments of the Sub-Committee on Accreditation (SCA).
Giving effect to its competence, the NIHR expressed its perspectives and observations on a number
of human rights issues to the constitutional authorities. It has also submitted its opinions on a number
decrees, bills, and proposals, at the request of the National Council. Five advisory opinions
were submitted to the Shura Council and (5) advisory opinions were submitted to the Council of
Representatives, in addition to (2) advisory opinions submitted to the government.
Hence, this Chapter addresses the advisory opinions submitted by the NIHR to the constitutional
authorities in three main sections: the first section presents the advisory opinions referred to the Shura
Council; the second section presents the advisory opinions referred to the Council of Representatives,
whereas the third section is dedicated to present its advisory opinions submitted to the government
(8) T his chapter of the report includes a summary of the advisory opinions that the National Institution for Human Rights submitted to the constitutional authorities in the
Kingdom. For details of the advisory opinions, refer to the institution’s website - advisory opinions section at www.nihr.org.bh.
(9) P aris Principles Concerning the Status of National Institutions for the Promotion and Protection of Human Rights- Power and Responsibilities - Paragraph (3), p. 5 / General
Note (1-3) Encouraging the ratification of, or accession to, international human rights instruments, p. 91.
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